In California, you have the right to have your misdemeanor conviction expunged. It helps to have successfully completed all the terms and conditions of your probation. However, just because you did not successfully complete probation, does not mean that your motion will automatically be denied. We win expungement motions all the time where a client violated a term of probation. The judge has the discretion to expunge convictions where probation was violated.
The expungement process begins when we take all of your information given to us on your intake form and research your case. With the information we gather from our research, we prepare a motion and file it with the court. A motion is legal document asking the court to grant our request. We will also send a copy or “serve” that motion on the district attorney and the probation department. We send it to their office in the courthouse where you plead guilty or no contest.
The case is set out 30-60 days for a hearing. During this time, the district attorney or probation department has the right to file an opposition to the motion. The District Attorney and Probation then submit their opposition to our motion. Once we read their response we have the right to file a reply.
The court calendars a date for a hearing a hearing. We will be at that hearing. You are not required to be at the hearing. Often times the district attorney and probation will submit the matter and the motion will be granted. If not we will argue your case.
Once the expungement is granted, your guilty or no contest plea is withdrawn and, a plea of not-guilty entered and the judge orders that the case be dismissed. We add in our motion an additional order that is signed by the judge that orders the court to send a copy of the order to the Department of Justice to update your “rap sheet” and the department of justice records.
Our firm handles all of the research, the drafting of the motion, filing the motion, service of the motion, correspondence, and phone calls and attending the court hearing. We also cover the filing fee too.
There are a few law violations that are not allowed to be expunged, they are the following codes violations of Vehicle Code section 42001(b)( vehicle code infractions)or Penal Code sections 286(c), 288, 288a(c), 288.5, 289(j) (these are all specific sex offenses) or any felony conviction of Penal Code section 261.5(d).
The benefit to you is on the day your record is expunged, you can legally answer “No” to direct questions on employment applications “have you been convicted of a crime”. However there are 3 exceptions found in penal code section 1203.4 they are as follows:
In all other cases, you can answer no.