Legal Question in Criminal Law in California

law

can your battery criminal record be erased after victim dropping charges in california?


Asked on 3/10/09, 11:24 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: law

Your question is unclear. If you were never convicted then you have no criminal record (at least of that charge) to erase. You may have an arrest record, but that's a different matter.

If you were convicted and the victim *then* changed his story, you would need to challenge the judgment via a petition for a writ of habeas corpus and/or error coram nobis, depending upon the specifics of your case. Such petitions are difficult to win when based upon a victim's decision to recant, since courts are often skeptical of recantations.

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Answered on 3/11/09, 12:10 am
Terry A. Nelson Nelson & Lawless

Re: law

Records are never 'erased', records are forever. They are the natural consequence of peoples' choices in life. However, if you are not convicted, you have no criminal record, other than the arrest record, which is 'forever'. If it is expungement you need, feel free to contact me for the legal help required.

If you were convicted, most convictions can be 'expunged' by motion to the court, but only if there was no prison time sentenced, if it was not for certain sex and DV crimes, and if you completed all terms of probation. Expungement allows you to say 'no' to conviction on most private employment applications.

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Answered on 3/11/09, 2:16 pm
Terry A. Nelson Nelson & Lawless

Re: law

Records are never 'erased', records are forever. They are the natural consequence of peoples' choices in life. However, if you are not convicted, you have no criminal record, other than the arrest record, which is 'forever'.

If you were convicted, most convictions can be 'expunged' by motion to the court, but only if there was no prison time sentenced, if it was not for certain sex and DV crimes, and if you completed all terms of probation. Expungement allows you to say 'no' to conviction on most private employment applications. If it is expungement you need, feel free to contact me for the legal help required.

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Answered on 3/11/09, 2:17 pm


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