Legal Question in Criminal Law in California

Vacating a conviction based on misspelling

Six years ago I was convicted of a domestic simple battery in California. Both the formal complaint and plea transcript have the victim's name incorrectly spelt by a few letters. I am trying to see if my conviction can be vacated by arguing now that I never knew of a person by that name, leave alone having a domestic relationship for having committed a domestic battery and that my defense attorney failed to advice me of not accepting a no-contest plea on the basis of such an error.

If the court vacated my conviction, is there a risk of a new charge having served time and completed probation already?

thanks.


Asked on 9/04/06, 4:16 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Vacating a conviction based on misspelling

No court will vacate your conviction because of something as trivial as a spelling error. The only thing your petition would accomplish would be a court-ordered correction of the typo.

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Answered on 9/06/06, 5:39 pm


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