Legal Question in Criminal Law in California

iv heard you can have a felone taken off you record is this true???


Asked on 1/22/10, 9:57 am

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Depends on the felony and the court. Please feel free to contact me off the list through my website MasterCriminalDefense.com

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Answered on 1/27/10, 11:13 am
Terry A. Nelson Nelson & Lawless

Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of probation [or at least one year] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 1/27/10, 12:53 pm
Brian McGinity McGinity Law Office

It really depends on what you mean by "taken off your record." Some felonies can be expunged and either reduced to misdemeanors or considered dismissed AFTER the conviction. Under California Penal Code Section 1203.4 certain types of crimes can be expunged from someone's record. However, it doesn't make it go away like it never happened. There are certain crimes or convictions that can not be expunged. In order to expunge a conviction, a petition must be filed at the court where the conviction occurred. Depending on the court, the violation and some other circumstances it may be granted or it may not be granted.

I suggest you contact an attorney in your area and at the very least have a consultation regarding your specific situation.

Good Luck

Brian

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Answered on 1/29/10, 3:04 pm


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