Legal Question in Criminal Law in California
(Sacramento, CA)
On September 29, 2008, I convicted to a misdemeanor: petty theft. During November, I went to court, and my sentence was no probation, but a theft class. I took the class, and paid all my fees.
Since then, I have not committed any crimes.
I really want to have this conviction dismissed. I really want to file a petition of dismissal for my conviction, but I am unclear of the procedure.
Do I need an attorney? Or can I just file myself?
Do I just fill the paper out, and mail it in? I am so confused....
2 Answers from Attorneys
There is a form you can download, or go to the Court for, that is a motion for expungement of criminal record. This is something that is filed with the Court and a fee is required. You, or an attorney representing you, needs to appear and provide proof that you completed the class.
This can be done by you, but it is always better to have someone experienced handle the motion for you in case the Judge throws you any 'curve balls' during the hearing.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at ImInnocent.com
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
Many convictions can 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 DV crimes, if you completed all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 employment applications. 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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