Legal Question in Criminal Law in California

Unconstitutionality of california statute

I am anticipating that a misdemeanor statute to which I pled 'no contest' in October 2002 will be declared unconstitutional by a federal district court judge pursuant to a petition for writ of habeas corpus.

Assuming the California A.G. does not appeal to the 9th Circuit, what must I do to have my conviction vacated or set aside? Also, may I seek to have the arrest record expunged for the DOJ data base?

Thank you.


Asked on 2/09/04, 3:34 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unconstitutionality of california statute

A conviction can be expunged so that you can say 'no' to applications asking if you have conviction. Arrests stay on the record, regardless. If you want help with the conviction, contact me to discuss.

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Answered on 2/09/04, 4:29 pm


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