Legal Question in Criminal Law in California

Can the crminal charge be changed after statute of limitations expires.


Asked on 10/26/09, 5:26 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Charge changed" ?

If you mean, can authorites bring charges against you after the statute expires on those charges, no. You could file motions to dismiss in that case. If that is the situation, contact me if the case is in SoCal.

If you mean, can you expunge an old conviction, then:

Many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Read more
Answered on 11/02/09, 2:42 pm


Related Questions & Answers

More Criminal Law questions and answers in California