Legal Question in Criminal Law in California

IM ON THREE YEARS PROBATION FOR HAVING THE POSSESSION OF A DEADLY WEAPON(BRASS KNUCKLES) THAT WERE FOUND IN MY ROOM FROM THE COPS...I HAVE A MISDAMEANOR AND AM ON INFORMAL PROBATION....MY PROBATION ALSO INCLUDES TO NOT POSSESS ANY DEADLY WEAPON FOR 10 YEARS AND TO HAVE NO CONTACT WITH MY BOYFRIEND FOR 10 YEARS...MY BOYFRIEND IS INCARCERATED...IM WONDERING CAN I GET MY CASE EXPUNGED?IS THERE ANYWAY I CAN HAVE THAT 10 YEAR NO CONTACT ORDER WITH MY BOYFRIEND SOON TO BE FIANCE REMOVED...how does the justice system do that to people and there lifes...how can you not talk to a person thats been in your life and that you have plans to marry and start a family with..I just think there was no reason for them to do that to me...but im wondering is there anything I can do? I wanna at least be able to visit my boyfriend in jail but I cant because Im scared Ill violate my probation....I need a good lawyer that can help me get rid of this problem on my record and one thats going to actually do the job without overcharging me


Asked on 4/14/12, 1:07 am

3 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

An attorney may be able to modify probation and the court no-contact order. Find one who regularly practices in the court in which the case was heard. Good luck!

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Answered on 4/14/12, 1:21 am
Terry A. Nelson Nelson & Lawless

The general rules are:

Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense.

Your problem is that you have a continuing term of probation, the firearms ban, that will prevent you from applying until after the ten years runs.

You have a restraining order you would be violating by visiting him. Yes, that could get you arrested. You could hire counsel to try to modify that.

If you�re serious about doing this, feel free to contact me for the legal help you'll need.

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Answered on 4/14/12, 12:15 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Ms. Hofmeister and Mr. Nelson. Whether you will be able to get the no-contact order removed or modified will largely depend upon why it was imposed. You haven't explained the reasons for it. Without that information, there is no way to assess your chances.

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Answered on 4/14/12, 3:13 pm


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