Legal Question in Criminal Law in California
I will be finished with probation for a felony charge (PC 459) in CA. I want to petition for Expungement/Dismissal with form CR-180.
Do I need a lawyer to do this, or is the action the same whether I file it or a lawyer does it?
Is the result occur any faster if a lawyer does it instead of myself?
Thank you.
3 Answers from Attorneys
A lawyer won't mess it up, and you might only get one chance.
The only felonies that get expunged are felonies that are "wobblers." They must first be reduced to misdemeanors, and then expunged. If you have a felony conviction that is not a wobbler, you are not going to get it expunged. Your only remedy is to seek pardon from the Governor.
Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. 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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