Legal Question in Criminal Law in California

regarding expungment

In 2000 I caught a case for drunk in public and battery on a peace officer. I was ordered a fine, community service, and 3 years summery probation. I paid the fine, did the community service, and turned into the court proof of completion . A few years later I was at a friends house and we where looking up our criminal history online, I found out I had warrant for not completing the community service. there must have been a glitch in the system somewhere. I tracked down the people I did the community service from and went to court to dismiss the warrant. The judge accepted the proof of completion of community service, and reinstated the probation.When the probation was completed I filed a petition for expungement . It was denied. I did a little research ad found out that in California when a case has a violation of probation the D.A. has the option to deny the petition for expungement. Now my question is that the violation of probation was of no fault of my own, how do I go about getting the petiton for expungement through the D.A.'s office ? The printout I have of the case record shows that I had turned in the proff of community service within theallowed time, so I would think no warrant should have been issued,


Asked on 9/14/08, 3:39 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: regarding expungment

You have the right to request a hearing to rebut grounds on which the DA based his denial and/or convince the judge you should be able to expunge "in the interest of justice" no matter what. You can set up the hearing yourself or retain an attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 9/15/08, 3:43 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: regarding expungment

If it's not too late, file a notice of appeal from the order denying the petition.

Read more
Answered on 9/14/08, 4:19 pm


Related Questions & Answers

More Criminal Law questions and answers in California