Legal Question in Criminal Law in California

Re: Do the convictions still hold?

Thank you for your question. A conviction stays on your record for life, until you complete the sentence, and then apply for an expungement, and have one granted by the court.

You would have been entitled to restitution if you had won a claim back in 1996 for damages due to unlawful arrest (there's a very strict statute that requires you to file a claim within six months for damages), but it's not clear if you ever did anything to assert your claim.

If you "didn't do the probation stuff", then it's very likely that you have a warrant out for your arrest, for a probation violation. You'd have to clear that up, and finish any punishment for not "doing the probation stuff", before you would ever be eligible for an expungement (and the law suggests that failure to do any part of your sentence might prohibit you from obtaining an expungement.

Thanks again, but if you have any additional questions, or want more information, feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can. Thanks.

Re: Do the convictions still hold?

Records are forever unless expunged, and both your convictions are for offenses that are barred from expungement.

If you didn't finish probation, there is a warrant out for your arrest. I would suggest you deal with that now, rather than after being taken into custody somewhere. The punishment if simply 'caught' would be much greater than if you turn yourself in voluntarily.

Restitution? Dream on. There is virtually no one in prison that doesn't claim to be innocent and wrongfully arrested. The time for such claim, even if it had been valid, has long passed.

Re: Do the convictions still hold?

If the convictions are in Southern California call me directly at 16192223504.

Re: Do the convictions still hold?

Of course the convictions stay on your record; that's what records are for. Criminal convictions aren't like credit blemishes that eventually fall off your record on their own. Convictions remain forever unless you get them set aside by a court or persuade the governor to pardon you.

The convictions will never be expunged unless you properly ask a court to expunge them. Even then your request will probably be denied because of your failure to "do the probation stuff". Courts take probation requirements very seriously and will not overlook violations just because some time has since passed. You may very well end up back behind bars because of this if you are caught speeding or otherwise come into contact with law enforcement. You should address this problem before worrying about expungement.

Only misdemeanors can be expunged. Sometimes minor felonies can be reduced to misdemeanors and then expunged, but this option is often not available. Depending upon the specifics of your domestic violence charge, it may not be possible to have it expunged.

While it indeed sounds as if you were unjustly convicted of DUI, the fact remains that you were convicted. This means that a judge or jury has determined that you actually committed the crime. You may be able to attack this conviction via habeas corpus, but that is the only way to change the finding of guilt. Awarding you compensation would first require a finding that you weren't guilty, but no court will make such a finding while your conviction remains in place. And even if you succeed on habeas corpus it is far from clear that you would be eligible for compensation.

Re: Do the convictions still hold?

You pled guilty to the charges, "didn't do the probation stuff," and now you want restitution? What have you been smoking?? You -do- have a free salami sandwich coming, courtesy of the county jail.