Legal Question in Criminal Law in California

Prop 36

If you didn't know to file a petition of dismissal, thought taking the certificate of completion to court would nulify the charges, can you retroactively file for dismissal? It's been several years.


Asked on 2/08/09, 11:18 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Prop 36

"Nullify"?

If you have a conviction on your record improperly/inaccurately, then file the appropriate motion with the court to clarify and change. If it is accurate, and if you qualify to have it expunged so it shows as 'dismissed', then file that motion. Either way, if this is in SoCAL courts, and you are serious about getting the legal help you'll need accomplishing these things, feel free to contact me.

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Answered on 2/09/09, 2:25 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Prop 36

The court should have dismissed the case when you completed all your obligations to the court. This includes completing the program, random testing, and paying ordered fines/fees (though sometimes the court will waive fees or have remaining obligation enforced through civil collections).

You should get an attorney to call the clerk on your behalf to find out the status of your case and proceed from there.

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Answered on 2/08/09, 12:17 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Prop 36

Yes, you should file for dismissal. You earned it and you are entitled to it. You could try to do it yourself by contacting the clerk at the court where the case took place or hire a lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/08/09, 8:53 pm


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