Legal Question in Criminal Law in California

Re: Getting an Expungment or Pardoned Felony

Depends on if the commitment was an adult or juvenile commitment and if a juvi what offense...and if "prison" was adult prison or CYA...all varibles effect your next course of action. Can't be sure from your question. Some remedies that California does have are unavailable to out of State residents/ or to out of State convictions.

Even assuming the worst, you can always directly petition California Governor for a pardon.

Best DJM

Re: Getting an Expungment or Pardoned Felony

>>I was convicted of a felony in 1994 I was a juvenile 16 years of age. Did time in prison, completed parole.

Sounds to me like you were prosecuted as an adult, not a juvenile. The answer to this question depends on what actually happened. Maybe we should talk about the details. See below.

>>I was told by the convicting judge at sentencing that I can get an expugement as long as I never recommitted and its on the court transcripts.

Unfortunately, if you were convicted as an adult and sent to prison, expungement is not available to you, and the judge should have known that. A reading of the plea and/or sentencing transcript might be illuminating. That is, if a transcript exists after all this time....

>>How can I get this done being as I have never recommitted a crime and I would like to no longer be a convicted felon and get all my rights restored. Happened in California now reside in Texas.

OK, whether expungement can be done or not is the question. And if it can't be done, there may be other remedies available, depending on the situation. However, you mention getting all your rights restored. Again, depending on what the situation was, it's very possible that your rights have been restored and you don't know it. Upon an adult's release from prison (but possibly at the termination of your parole, I'm not sure...), your civil rights are automatically restored.

As you can see, there are many variables here, and the remedies depend on the determination of the actual legal situation. Rather than guessing about what it is, I'd be happy to discuss this with you if you'd like to. Please feel free to contact me by email and we can arrange to talk. Good luck. Steve Mandell

Re: Getting an Expungment or Pardoned Felony

You need to hire a California attorney who works in the county in which you were arrested and convicted. They will be able to assist you with this matter. You are not going to be able to do it yourself.

Re: Getting an Expungment or Pardoned Felony

If you actually served prison time, there is no expungement in CA, but you could seek a governor's pardon and rehabilitation [not often granted]. If you meant CYA, then records can be sealed. Feel free to contact me for help if you think you qualify.

Re: Getting an Expungment or Pardoned Felony

A hearing is necessary. If in So. Cal. call me directly at 1.619.222.3504.