The 10-year rule may be waived in truly exceptional circumstances (for example, factual innocence), if the applicant can demonstrate such circumstances warranting a specific need for the pardon.). "name": "Oakland", These generally include murder, serious violent crimes, and sex crimes involving children. Definitely recommend! "94540", If you have been convicted of a felony and want a fresh start at life, consult a Pride Legal LGBT Expungement Attorney today! "94544", "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", }, 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. The felony will be hidden from: Each state has its own list of criminal records that can be expunged. There are many benefits to a Certificate of Rehabilitation, including: But remember an expungement or COR is not necessary for an arrest that did not result in a conviction. @media screen and (max-width:768px){ An expungement is supposed to hide a criminal record from public view. What is a Certificate of Rehabilitation? "https://en.wikipedia.org/wiki/Domestic_violence" ]}, "name": "DUI Services", } "contactPoint": { .avvo_badge { "@type": "City", "knowsAbout":[ 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. "@type": "Offer", "https://www.wikidata.org/wiki/Q758225", They were so pleasant and knowledgeable when I contacted them. Some of these crimes can include: Driving under the influence (DUI) is not eligible for expungement in a surprising number of states. If your sentence says the crime is punishable by prison or by a term of not less than 365 days in jail, then it is probably a wobbler and qualifies for expungement. "https://en.wikipedia.org/wiki/Attorney_at_law" 6th Dist. Steps involved in obtaining an expungement of a felony conviction in California include: At your hearing, the court will determine your eligibility for expungement. ]} .text-center ul.social-network { "name": "Law Office of Louis J Goodman", "offeredBy": {"@id": "#organization"} Attend the hearing. ]} ]}, For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under PC 1203.4. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "https://www.google.com/maps?cid=8108626517931080920", Q. width: 100%; {"@type": "Thing", "name": "Lawyer", "sameAs" : [ "name": "Livermore", When youre facing a criminal conviction, its natural to wonder how long does a felony stay on your record in California. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", }, {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "94541", "containsPlace":[{ "https://usattorneys.com/law-firm/louis-j-goodman/" "knowsAbout":[ In these situations, 4. WebFurthermore, will a juvenile felony appear in a background check? As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", { ul#foot-nav { With over 30+ Years of Experience, Louis J. Goodman can help you! }, {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "https://en.wikipedia.org/wiki/Attorney_at_law" Suite 1225 The most common example ofsuch packaging includes asking the court ina single proceeding to: Many people who contact us about expungements also wish to seal and destroy adult and juvenile criminal records. "addressCountry": "US" { c[a]=c[a]||function(){(c[a].q=c[a].q||[]).push(arguments)}; As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. }]}], "alternatename": "Louis J. Goodman | Alameda County Criminal Defense Attorney", "@type": "City", Very helpful with any questions and concerns and I can't thank them enough for the experience I had. How Long is a Felony Sentence? An expungement will not seal, erase, or make a conviction unfindable. "94550", "logo": { Reply 59715to90301 Additional comment actions. There may be other requirements, as well. ]}, "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] "https://en.wikipedia.org/wiki/Attorney_at_law" WebLIST OF EXPUNGEABLE CHARGES UNDER . }], "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. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "@type": "GeoShape", In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. "makesOffer": [{ "description": "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. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "url": ["https://www.google.com/maps/place/Alameda,+CA,+USA/","https://en.wikipedia.org/wiki/Alameda%2C_California"] The Law Office of Louis J. Goodman offers free consultations. "94614", "name": "Law Office of Louis J Goodman", "name": "Dublin", }], (Cal. "https://www.wikidata.org/wiki/Q758225", ]}, }, "telephone": "+15105829090", You were found not guilty after a California jury trial. $("body").removeClass("stickyHeader"); Can You Expunge a Felony in California? "94604", Criminal records are maintained indefinitely even if a conviction was expunged under Penal Code 1203.4 PC. "@type": "LegalService", "94602", ], if (window.removeEventListener) { .input-append button { "sameAs": [ {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ It is important to understand, however, that a criminal record is not actually "expunged" under this statute. "94712", "closes": "Mo,Tu,We,Th,Fr 17:00", "94614", "@id":"#logo", "@context": "https://schema.org", ]}, This website is not intended to be used by or relied upon by employers or by anyone outside of the state of California. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", If the expunged conviction was a strike, it can still be used as a strike in sentencing. Once we review the facts and circumstances of your case, we research the most promising options to help avoid immigration issues such as deportation or removal. "name": "Law Office of Louis J Goodman", It can be used for any misdemeanor version of DUI, and some felonies, if the requirements are met. Fortunately, California Penal Code 17(b) allows any individual convicted of a felony wobbler offense to potentially reduce their felony to a misdemeanor. color: #fff; "94618", "https://www.google.com/search?q=Domestic+violence&kponly&kgmid=%2Fm%2F02gr_", "postalcode": [ "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] Habla espaol? He handles all major felonies and federal offenses. Under Penal Code 1203.4, an expungement releases you from virtually all penalties and disabilities arising out of the conviction.2. Will expunging my record help me find a better job? "name": "DUI Services", "parentOrganization":{"@id": "#organization"}, {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ margin-top: 10px !important; Now we have discussed how long does a felony stay on your record in California, what expungement is, and whether you may be eligible, youre ready to begin the process of filing to expunge the felony charge from your criminal history. { Examples of wobbler felonies include vandalism, forgery, domestic violence, sexual battery, and assault using a deadly weapon. The judge will determine whether you are eligible for expungement by considering: If you are successful, the California Superior Court Judge will send you a signed order detailing the dismissal of your conviction. span.wpcf7-list-item { "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", If your felony is a violent offense, then you are not eligible for "94720" ]} "@id": "#duisanleandro", If you are charged with a felony, you could go to state prison for up to three years. "parentOrganization":{"@id": "#organization"}, A. document.detachEvent('on' + evt, handler); "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", padding: 3px 10px; ]}, However, in some states, an expunged record can still be seen. "94610", The first action is to speak with your attorney about getting your records expunged. "94580", "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! }], "name": "Pleasanton", '&l='+l:'';j.async=true;j.src= .author-social-channel ul { "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" }], "telephone": "+15105829090", }); "@type": "PostalAddress", "94542", An employer may not discriminate against your job application based on expunged convictions. "postalcode": [ People v. E.B. For example,Los Angeles Countydoesnt charge a filing fee per se, but will charge a maximum of $120 once the court rules onthe motion. This is because a COR acts as an automatic application for a pardon. "@id":"#albanyarea", It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. text-align: center; Rptr. { In many cases, there is a waiting period to expunge a conviction. Unlike a misdemeanor charge, felonies tend to come with more severe sentences and can critically affect your rights. The expunged conviction can still be used as a prior conviction to increase your sentence if you are charged with a different crime in the future. {"@type": "Thing", "name": "Attorney", "sameAs" : [ {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "slogan": "If you are arrested for a DUI in the Alameda area, you need to get an attorney, fast! .author-social-channel ul li.social-facebook a { Numerous groups can access your criminal record and see felony or misdemeanor convictions. padding: 8px 15px; However, there are a few exceptions where even a first time DUI may be charged as a felony. "openingHoursSpecification": { "@id":"#image", }, However, the expungement itself will remain as an item on your record. Givelle is incredibly knowledge and will fight to help you with your legal problems. } else if (window.detachEvent) { }, "name": "DUI Services", "https://www.google.com/search?q=Criminal+defense+lawyer&kponly&kgmid=%2Fm%2F03cvw06", "94710", Todos los derechos reservados. }, {"@type": "Thing", "name": "Criminal defense lawyer", "sameAs" : [ "94537", "areaServed": [{"@type": "AdministrativeArea", We will work efficiently to resolve your case so that you can feel at ease knowing you either no longer have a conviction record hanging over your head or that we did everything we could to pursue a favorable outcome on your behalf if, for whatever reason beyond our control, things dont go your way. "slogan": "If you are arrested for a DUI in the Fremont area, you need to get an attorney, fast! "brand": {"@id":"#organization"}, Visitenuestrositio Web en espaol sobre el cancellation de antecedentes penales en California. Convictions for certain misdemeanors and felonies cannot be expunged in California. Reducing the felony first just expedites the process. "name": "Berkeley", sealing of records after plea withdrawal and case dismissal. ]}, completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc. If you did not receive probation, it has been at ]} "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "telephone": "+15107979996", A. "94606", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "https://en.wikipedia.org/wiki/Driving_under_the_influence" "offeredBy": {"@id": "#organization"} "https://www.wikidata.org/wiki/Q16833741", "@type": "openingHoursSpecification", "postalCode": "94541", "94705", "url": ["https://www.google.com/maps/place/Fremont,+CA,+USA/","https://en.wikipedia.org/wiki/Fremont,_California"] ] addEvent(evts[i], logHuman); "streetAddress": "1290 B St Suite 307", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", California Penal Code 851.8 PC Sealing and destroying records. "addressCountry": "US" "94501", "94662" We do not handle any of the following cases: And we do not handle any cases outside of California. ]}, WebDismissal in California If You Were Convicted of a Crime You were convicted of a misdemeanor or felony and sentenced to probation. "contactType": "Customer Service", Dismissal of an offense offers a fresh start from an otherwisecriminal past. WebCalifornia Penal Code 17 permits many people convicted of felonies to amend their conviction to a misdemeanor. And an expunged conviction that would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14. "url": "https://www.louisgoodman.com/dui-attorney/newark", ] } var removeEvent = function(evt, handler) { "address": { "@type": "Offer", The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21. "openingHoursSpecification": { "https://www.wikidata.org/wiki/Q5290215", However, under certain circumstances, you may have the right to expunge your felony conviction and obtain a clean slate. li.page_item.page-item-2968 { "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "postalCode": "94541", ]}, ]}, }, "opens": "Mo,Tu,We,Th,Fr 10:00" Upon reduction to a misdemeanor, the misdemeanor can then be expunged or dismissed under California Penal Code 1203.4 or 1203.4a. "@type": "PostalAddress", As a result, your criminal record will no longer show the "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], "priceRange": "$", You must have been granted probation and NOT sent to state prison. These requirements typically include: Each state has its own requirements. ]} "94618", "https://en.wikipedia.org/wiki/Criminal_charge" You must have an adult who is 18 years of age or older serve the prosecuting attorney. "@id":"#berkeleyarea", Every crime in California is defined by a specific code section. If you have already applied for expungement and your petition was denied due to a technical error or insufficient information, you can refile your petition in six months after correcting any error or deficiencies with our assistance. As a result, you can truthfully state to employers, landlords, and other authorities that you have not received a criminal conviction. "@type": "openingHoursSpecification", "areaServed": [{"@type": "AdministrativeArea", ] In this section, we offer solutions for clearing up your prior record. "https://www.wikidata.org/wiki/Q329525", "geo": { ", "94707", For legal purposes, if your conviction is dismissed, it is as though you never committed the crime. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", However, you can note that the case was dismissed per. With over 30+ Years of Experience, Louis J. Goodman can help you! Itis easy now for potential employers to find out about a past criminal conviction. "https://www.wikidata.org/wiki/Q40348", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. (function(url){ Many felonies cannot be expunged. "@id":"#emeryvillearea", You have completed all requirements of your sentence. It is important to understand that expungement does not mean that you are asking a judge to reach a determination that you were actually not guilty of a crime (which is a highly challenging endeavor), but is instead just asking the judge to seal your criminal record in accordance with California state law, which is far easier. If you or a loved one is looking to expunge or seal a criminal record in California, we invite you to contact us for a consultation. .text-center .social-circle i { } ]}, "@id":"#oaklandarea", "name": "DUI Services", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" In addition to felony convictions that resulted in a state prison sentence, certain categories of offenses are also excluded from expungement eligibility, including: Under Californias expungement law, you may be eligible to have a felony expunged if you meet certain qualifications. "postalcode": [ As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "https://www.wikidata.org/wiki/Q758225", "containsPlace":[{ "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], }]}], }, "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", 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.facebook.com/Louis-J-Goodman-493758850690960/", "@type": "Offer", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "94538", Q. A. "email": "louis@louisgoodman.com", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "94619", by a probation officer authorized in writing. $(window).scroll(function() { With over 30+ Years of Experience, Louis J. Goodman can help you! ]}, "@type": "City", ]}, ], You do not have an outstanding court order or associated fines. .wpcf7-not-valid-tip { "94666", }, "94613", "https://www.wikidata.org/wiki/Q40348", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ } "94660", 800 495-2819. Visit our California DUI page to learn more. "https://en.wikipedia.org/wiki/Attorney" "@type": "Offer", "94701", Will you reduce my felony to a misdemeanor prior to expunging the record? "@type": "LegalService", } "94609", }, Contact his office today to schedule a consultation to discuss your situation. } else if (window.attachEvent) { "containsPlace":[{ } The court will usually respond within five months. } "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" Marshall Hammons / Louis Goodman Transcript, 1290 B Street Suite 307 Hayward, CA 94541. "brand": {"@id":"#organization"}, "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "slogan": "If you are arrested for a DUI in the San Leandro area, you need to get an attorney, fast! "url": "https://www.louisgoodman.com/dui-attorney/san-leandro", "94502", "@type": "LegalService", "94601", "https://en.wikipedia.org/wiki/Attorney_at_law" "@type": "City", ", ]}, Please note: Our firm only handles criminal and DUI cases, and only in California. .Removeclass ( `` stickyHeader '' ) ; can you Expunge a conviction unfindable time DUI be! That would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14 records are maintained indefinitely even a! Past criminal conviction 1290 B Street Suite 307 Hayward, CA 94541 Louis Goodman,..., will a juvenile felony appear in a background check ).removeClass ( `` ''! An expungement will not seal, erase, or make a conviction to Expunge a felony,,! 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List of criminal records are maintained indefinitely even if a conviction unfindable: `` Customer ''... Me find a better job your criminal record and see felony or misdemeanor convictions a job! About a past criminal conviction Reply 59715to90301 Additional comment actions conviction to a misdemeanor an... 94610 '', sealing of records after plea withdrawal and case dismissal will juvenile. A COR acts as an automatic application for a pardon and see felony or misdemeanor.. Even if a conviction unfindable make a conviction of your sentence speak with your legal }! Action is to speak with your Attorney about getting your records expunged your rights { in many cases, are!