Legal Question in Criminal Law in California

Expungement Record

My brother was convicted of 2 counts of misdemeanor battery 5 years ago at the Torrance Courthouse in LA County.

If he wants to file a petition for expungement, does he need to file it at the Torrance courthouse, or can he file it at any Courthouse in LA county. Does he need to file a separate petition for each count?

Furthermore, he cannot remember the specifics of the sentencing, the fines or whether probation was granted. Where can he find out this probation information. Can he look up this information at the courthouse, such as Orders and convictions? Is this computerized?

Finally, who needs to be served? DA's office. Is just a certified mail sufficient?

In the Defendant's information, what does CII stand for?

thanks


Asked on 7/17/08, 12:35 pm

3 Answers from Attorneys
stephanie sauter Wilshire-Metro WorkSource

Re: Expungement Record

go to this link- all the information and the the links for info/forms are here.

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

The petition must be filed in Torrance. Your brother can get the case number, conviction date and charges from the clerk at Torrance Courthouse(or any other LA County criminal clerk). Los Angeles county does not have their case information available online although some other counties do.

The prosecutor must be served- in Torrance that's the City Prosecutor, they're in the building next to the courthouse. He can ask at security to be pointed in the right direction. It can be mailed but a Proof of Service by mail must be filed with the clerk. CII is a criminal index number- not important, leave it blank on the form.

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Answered on 7/17/08, 12:55 pm
Terry A. Nelson Nelson & Lawless

Re: Expungement Record

He can stumble through the procedures with assistance of free advice, but if his convictions were for domestic violence or sex crimes based charges, they will not be expunged; the legislature says so right in the law. He can try though.

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Answered on 7/17/08, 1:47 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Expungement Record

First, you need to determine whether the charges can be expunged. Second, if they can your brother should hire a lawyer to make sure that it is done right.

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Answered on 7/19/08, 2:33 pm


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