Legal Question in Criminal Law in California

Re: Statute of limitations

No. And your son has not been clean since leaving the state; he has been a fugitive from justice the entire time. His record will reflect his fugitive status until he surrenders, is captured or dies.

The statute of limitations sets the deadline for the prosecution to file charges, not for the defendant to be punished. Since you say he was charged already, the statute of limitations is not an issue.

You say your son "has never been sentenced," so it sounds like he either pled guilty or was convicted at a trial. If that is the case, his conviction will remain on his record unless he either receives a pardon or has it expunged. Not all convictions can be expunged, but even if his could be he will have to return to California and serve his sentence before he could seek an expungement.

Please note that his failure to appear in court is a separate felony, and he has probably already been charged with that crime as well. Even if he hasn't, a defendant's absence from the state stops the clock on the statute of limitations for up to three years so he can probably still be charged.

There is no set limit on the time in which to arraign a defendant after he has been charged, provided that the delay is not so long as to be inequitable to the defendant. A fugitive can never complain about such a delay, because he caused it by fleeing. Assuming he has such a charge pending or that one will be brought in a timely manner, this will also show on his record either until it is resolved by the courts or until he dies.

Re: Statute of limitations

Warrants are forever. He will at some point have to take responsibility for this and resolve it. If he is stopped for any reason in CA, he will be arrested and returned to the court in custody. If the court is in Southern California, and if he wants help in handling this, have him get in touch with me.