Legal Question in Criminal Law in California

reducing a charge to misdemeanor and expungement

I had a plea deal prior to conviction; code 487(a)/21 for forgery. It included 5 years probation and 480 hours of community service. After many extension, I finally completed my service hours just before my 5 years probation was up. Will they still honor the plea deal eventhough it took me so long and the DA that gave me the plea deal is no longer on the case? Can I do this myself or does it need an attorney and what would a reasonable cost be? I am in court today to turn in my proof of my community service completion and I was told by my current attorney that the charge reduction and expungement request is a separate transaction so I am just turning in my hours today. Any guidance would be appreciated and if there is an attorney out there that can do the filing for me on the charges and expungement for any significant amount less than the $1500 I was quoted from my current attorney, I would consider hiring you.


Asked on 3/06/09, 12:01 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: reducing a charge to misdemeanor and expungement

Whether you satisfied the terms of your probation is a yes or no question. Just barely satisfying them is still a yes. You lived up to your end of the deal, and the government will do likewise.

That the D.A. who prosecuted you is no longer around should be irrelevant. Your deal is with the government, not the individual prosecutor.

Successfully completing your probation is a necessary but not sufficient condition for obtaining the expungement. Your tardiness in completing your community service could be an obstacle here. Without knowing more about your case or your circumstances, there's not much more I can tell you.

You aren't required to have a lawyer handle the expungement for you, but a lawyer is more likely to succeed than you are.

A $1,500 fee for an expungement sounds reasonable. If your case is straightforward you could probably get someone for $1,000 or less, but you are better off with the lawyer who represented you at trial since he knows you, the case and the judge's attitude toward you better than a newcomer would.

Good luck.

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Answered on 3/06/09, 3:57 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: reducing a charge to misdemeanor and expungement

If your probation was never revoked and you completed your community service hours as describe, you should have a pretty clear shot at reduction and expungement. A reasonable range for a motion to do this is $1000 to $1500 in my view.

Feel free to contact my office for a non-binding consultation to evaluate your chances of success and to see whether we could be of help to you.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/06/09, 7:52 pm


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