"https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "streetAddress": "1290 B St Suite 307", There are number of circumstances in which you may be eligible to expunge a felony in California. We look forward to speaking with you. ", On the other hand, a wobbler is a crime that may be charged as a felony or a misdemeanor, depending on the facts in the case, any aggravating factors that are present, and the defendants criminal history. "disambiguatingdescription": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. "sameAs": [ Expungement in the State of California When you successfully get a conviction expunged, it means that your case is dismissed and any plea you previously entered, such as a guilty plea or a no-contest plea, will be removed. ]} .text-center .social-network a.icoGoogle:hover { "94662" "telephone": "+15105829090", padding: 3px 10px; {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "openingHoursSpecification": { "openingHoursSpecification": { .stickyHeader #header_pop { Commutation of a California prison sentence, 1. var addEvent = function(evt, handler) { "94579", Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" "opens": "Mo,Tu,We,Th,Fr 10:00" {"@type": "Thing", "name": "Attorney", "sameAs" : [ "geo": { He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "https://www.wikidata.org/wiki/Q758225", "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. "addressCountry": "US" For example, you must provide the prosecutor with at least 15 days notice prior to the hearing. }, "name": "Oakland", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "94710", "94537", PC 647 f Arrest & Charges What You Need to Know, How to Terminate Probation Early in a Criminal Case, Failure to submit to a police inspection of vehicle. You must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult. "sameAs": [ "@type": "City", "postalcode": [ "slogan": "If you are arrested for a DUI in the Hayward area, you need to get an attorney, fast! var evts = 'contextmenu dblclick drag dragend dragenter dragleave dragover dragstart drop keydown keypress keyup mousedown mousemove mouseout mouseover mouseup mousewheel scroll'.split(' '); ], "94542", }, ], "email": "louis@louisgoodman.com", A California expungement (or expunction) is a legal proceeding where the justice court can allow an individual to withdraw a guilty or a no contedere (no contest) plea and instead plead not guilty in a criminal case. "addressLocality": "Hayward", "addressRegion": "California", If you violated your probation, the court would also evaluate the facts and circumstances of your case to decide whether to exercise the courts discretion to grant your expungement petition. These text-decoration: none; }, As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you: If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below). Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by Also note that you must fill out one form for each conviction to be expunged. "geo": { Once the D.A. "@id": "#organization", In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. "parentOrganization":{"@id": "#organization"}, }); After reducing the felony to a misdemeanor, you may be eligible to petition for a complete expungement under Penal Code section 1203.4. "https://www.wikidata.org/wiki/Q16833741", But even if you received a probation violation, all hope is not lost. "https://en.wikipedia.org/wiki/Attorney" To qualify under PC 1203.42, the crime must have been onecurrently punishable in county jailAND: The expungement process in California starts by filing a petition with the court under Penal Code 1203.42. ]}, "hasMap": "https://www.google.com/maps?cid=8108626517931080920", the applicant is not currently facing criminal charges, on probation, or serving another sentence. 1.2. Who is NOT eligible to get a California expungement? He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "name": "Piedmont", Your criminal records will no longer show the conviction. ]}, "@id": "#duipiedmont", An expungement may be available if you did not get sentenced to prison. Sealing your felony record can help you to avoid further negative implications it may have on your life. }, "streetAddress": "1290 B St Suite 307", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "94580", Q. felony probation was successfully completed, and. "@id":"#image", -o-transition: all 0.8s; "knowsAbout":[ "url":"https://www.louisgoodman.com/dui-attorney/#dui", Thanks to their efforts, my life has been transformed. }, height: 740px; "94611", "streetAddress": "1290 B St Suite 307", "brand": {"@id":"#organization"}, WebArrest with no conviction. j=d.createElement(s),dl=l!='dataLayer'? What Types of Criminal Charges Can Be Expunged in California? :Chrome\/26\.0\.1410\.63 Safari\/537\.31|WordfenceTestMonBot)/.test(navigator.userAgent)){ return; } "94502", Cal., 2001), 255 F.3d 768, Ryan-Lanigan v. Bureau of Real Estate (Cal. "94545", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "@type": "GeoShape", padding: 8px 15px; WebIn California, misdemeanors have a maximum penalty of 364 days in county jail, so most misdemeanor offenses are eligible for expungement. The expungement process can be challenging and requires the assistance of a lawyer. "contactPoint": { "url": ["https://www.google.com/maps/place/Livermore,+CA,+USA/","https://en.wikipedia.org/wiki/Livermore,_California"] With over 30+ Years of Experience, Louis J. Goodman can help you! Our attorneys explain the law, penalties and best defense strategies for every major crime in California. WebIf you have been convicted of a felony in the state of California your conviction is eligible for Penal Code 1203.4 felony expungement relief if you satisfy the following criteria: 1 You were charged and convicted in state court, NOT federal court. "url":"https://www.louisgoodman.com/dui-attorney/#dui", } "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], In essence, it dictates that any individual convicted of three or more violent or serious felonies will be sentenced to 25 years to life in prison. .logo-directions .title:after { "@type": "GeoShape", {"@type": "Thing", "name": "Criminal charge", "sameAs" : [ "https://en.wikipedia.org/wiki/Driving_under_the_influence" "contactPoint": { As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. margin-top: 30px; "@id":"#logo", After my record is expunged, can I answer No if Im asked whether I have a criminal record? Courts usually grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) down to misdemeanors. Many juvenile records show up on background checks.There are exceptions, though if the records have been sealed or expunged, they won't show up.Expunging or sealing a juvenile record is incredibly important. }, "addressRegion": "California", } "@type": "Offer", margin-top: 25px !important; "hasMap": "https://www.google.com/maps?cid=8108626517931080920", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "url":"https://www.louisgoodman.com/dui-attorney/#dui", { { Some licensing agencies do not recognize expungements when they decide to grant or deny a license. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", Criminal code you were convicted of violating. The same holds true if you were forced to pay a fine or even if you did time in the county jail. All felonies associated with that specific case must also be eligible for a reduction, Your record of compliance with your probation. But even when an expungement is not enough, we may be able to help you obtain a Certificate of Rehabilitation, which offers even more benefits.23. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "postalCode": "94541", "name": "San Leandro", }, How long will my criminal record stay on the books after I get an expungement? In some cases, you will need to appear at the hearing, and in others, you will not. ((b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of [the California Penal Code] subdivision (c) of Section 286 [Californias law against sodomy with a child], Section 288 [Californias child molestation law], subdivision (c) of Section 287 [Californias law against oral copulation with a child], Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5 [Californias statutory rape law], or to any infraction.), California Penal Code 1203.4 PC California expungement law, endnote 2, above. "foundingDate": "Feb 1, 1987", You may petition for a dismissal if This is called the expungement process and generally requires the help of a legal representative to get underway. "@type": "Offer", "addressRegion": "California", "address": { "address": { "94601", {"@id": "#duinewark"}, These include: Failure to stop and comply with a vehicle inspection when Expungement eligibility requires that applicants cannot have served a term in state prison as part of the sentence for their conviction (unless that term served could have been served in county jail if the offense in question had taken place after new realignment standards were implemented by the state). "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", }, He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "@type": "ImageObject", ]}, "name": "DUI Services", You may petition for a dismissal if you were convicted of a misdemeanor or felony, were sentenced to probation, and have satisfied all the conditions of your sentence. "telephone": "+15105829090", But what types of criminal charges can be expunged in California? ] "https://www.wikidata.org/wiki/Q250062", Judges can grant the expungement if they believe it would be in the interests of justice. In most states, if a felony is expunged, it will be sealed from public view. }, "https://www.wikidata.org/wiki/Q250062", "url": "https://www.louisgoodman.com/dui-attorney/hayward", }, "94614", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ If applying for a government job, you must still admit your conviction if asked whether you have ever been convicted. We do not handle any of the following cases: And we do not handle any cases outside of California. In California, a first-time driving under the influence (DUI) is a misdemeanor offense. "url": ["https://www.google.com/maps/place/San+Leandro,+CA,+USA/","https://en.wikipedia.org/wiki/San_Leandro,_California"] "name": "DUI Services", "openingHoursSpecification": { .author-social-channel ul li { { {"@type": "Thing", "name": "Attorney", "sameAs" : [ Reply 59715to90301 Additional comment actions. Marshall Hammons / Louis Goodman Transcript, 1290 B Street Suite 307 Hayward, CA 94541. "closes": "Mo,Tu,We,Th,Fr 17:00", "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", WebCalifornia Penal Code 1203.4 allows individuals with convictions for infractions, misdemeanors, and felonies to have their cases opened, to withdraw a plea of guilty, and to have the case dismissed. ", ], "94560", In many cases, there is a waiting period to expunge a conviction. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "94624", "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", In the wake of a probation violation, the court has wide discretion as to whether to grant or denya petition for a PC 1203.4 expungement. "postalcode": [ He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. ), California Penal code 1203.4 PC California expungement that can be expunged in California it. Can be expunged in California they believe it would be in the county jail many... Were convicted of violating courts usually grant requests to reduce wobblers ( that! Explain the law, penalties and best defense strategies for every major crime in California, a driving... California, a first-time driving under the influence ( DUI ) is a offense! 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