Legal Question in Criminal Law in California
Can a person who is serving time in prison for manslaughter 6 years) ever have his record expunged in Califonia?
3 Answers from Attorneys
That person would not be entitled to expungement. That person would have to seek a pardon from the Governor, which is known as executive clemency.
No. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not.
California does not have a true "expungement" law like some states. The closest thing we have is a dismissal under Penal Code section 1203.4. Unfortunately, that is not available for a case that involved a prison sentence.
A certificate of rehabilitation and a pardon from the Governor is the only option they have. The odds of that being granted are slim, unfortunately.
Related Questions & Answers
-
In 1979 i was convicted of 487.1 grand teft propery i completed probation &... Asked 7/24/11, 1:17 pm in United States California Criminal Law
-
I was arrested end served an epo for domestic violence. I was released withinin 48... Asked 7/23/11, 11:21 pm in United States California Criminal Law
-
I need to get a lawyer for my husband. He is innocent of the crime he is being... Asked 7/23/11, 8:41 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
