Legal Question in Criminal Law in California

Re: Expungement

An expungement is relatively simple once you have completed probation with no problem. Please contact my office at 310/27-1707.

Sincerely,

Lawrence Wolf, Esq.

Re: Expungement

Penal Code Section 1203.4 is the statute that covers the withdrawal of the plea after the probation is completed. So my advise is to go to the clerk of the court, check on the form, and submit it. If your case is an unusual crime, or the victim was not fully compensated. You probably don't need a formal noticed motion.

Re: Expungement

They actually have a form motion that you can obtain from the clerk of the court where your conviction ocurred. The filing fee for the motion is usually around $60, but it depends on your county.

In the past, it was easy for people to file their own motions this way. There were no hearing dates set, and judges would grant or deny them without the need for a hearing and argument. They call that "chambers work." Nowadys, however, many courts are requiring a formal noticed motion with a hearing date and appearances of either counsel or the defendant. You may want to call the clerk of the court where you were convicted and see how that court does it.

Of course, I do expungements for a fee which includes a formal written motion (I don't use the form from the court) and I appear and argue the merits of the motion -- I don't ever just leave it to "chambers work."

If you'd like more information, feel free to call me at (714)879-5770 or send an e-mail. Good luck!

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law