Legal Question in Criminal Law in California

This Friday will be my court date for my false ID misdemeanor charge and I just got fired today for giving away free headphones. Yeah, it doesn't look good at all, so i want to hire a attorney to file a expungement so i can start working again ASAP with the money that i have left, but i was wondering if theirs a wait time to file a expungement? Talked to the clerk and she said that all i need to do is pay the fine and no probation. What should i do?


Asked on 11/15/10, 10:46 pm

4 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If you are convicted of a misdemeanor and do not receive probation, you are eligible for a dismissal under Penal Code �1203.4a, but you have to wait a year from your conviction.

Keep in mind that so-called "expungements" don't really expunge anything or seal your record; they just add a notation to the court record saying the case was dismissed.

Is this a charge of Business & Professions Code �25661, minor with false proof of age? That can be reduced to an infraction.

Because you're charged with a misdemeanor, you're entitled to a public defender. I'd strongly encourage you to accept the PD's help; your lawyer will have all the info about your case and can give you more informed advice than a stranger on the Internet.

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Answered on 11/21/10, 8:53 am
David M. Wallin Law Offices OF David M. Wallin

I would advise you to contact a qualified private attorney in or near your area..Most private criminal attorneys give FREE consultations, so you have nothing to lose by giving them ALL the facts and getting some good information that you can't get on the internet. Best Wishes....David Wallin

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Answered on 11/21/10, 12:24 pm
Anthony Roach Law Office of Anthony A. Roach

You are going to have to resolve the charges before you seek expungement. Expungement is a post conviction remedy, not a method of fighting the charges.

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Answered on 11/21/10, 12:57 pm
Terry A. Nelson Nelson & Lawless

Nice try. Expungement may be available after conviction occurs and all terms of probation are completed in three years or so.

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Answered on 11/22/10, 12:01 pm


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