Monday, December 3, 2012

How long does a California Expungement take?

Like so many questions involving the practice of law, the answer is "it depends"

Several factors impact the length of time an expungement takes to go through the court system. Some of these factors are: the length of time between the conviction and the filing of the expungement; whether or not the case is in the current computer system at the courthouse where the expungement needs to be filed; whether or not the case is a felony or misdemeanor; how complex the case is; whether or not the case file is in storage off-site from the courthouse where the expungement needs to be processed; and if the Court wants a Probation Report prepared prior to the Court hearing.

Cases that are less than 10 years old usually process reasonably fast, as the files are still physically on site at most courthouses in California. Also, cases that are recent are automated and often times the entire case is available as an electronic docket so that the clerk's office and the court can have instant access to the entire history of the case.

Older cases are often placed in a central storage area that is commonly called the “archives”. Once a case has been sent to archives it is often processed into microfiche, or a similar optical storage process.

In some counties, such as Los Angeles County, felony cases are moved to a central storage facility near downtown, and retrieval of those cases can often take 60 to 90 days before the expungement process even starts in the courthouse where the case occurred.

Some courthouses tend to be very efficient in processing expungements and “turn around” petitions in 6 to 8 weeks; Van Nuys Court in LA County and the Newport Beach Court in Orange County tend to be pretty quick in processing expungements that are less than 10 years old.

Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases and can take up to six months.

When you call us for telephone consultation we will be able to give you a better idea of a more precise time that your expungement petition will probably take. That being said, expungement petitions are not a priority for the court system, and there is no time limit associated with expungement petitions, so sometimes delays of weeks or months occur.

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Please call us for free telephone consultation at 800-495-2819 or visit our website

Thursday, November 15, 2012

DUI Expungement in California- Law Overview and Summary:

   (See our YouTube Video HERE  Visit our WEBSITE)

DUI convictions are one of the most common criminal offenses in California. Violation of 23152 or 23153 of the California Vehicle Code can result in conviction, fine, alcohol school and custody time.  Such a conviction can have long lasting repercussions in employment, and adversely impact quality of life. A DUI expungement helps mitigate this mistake.

The legal standard for California DUI Expungement cases is higher than other expungements due to a rather recent change in the Expungement law.

Experienced legal counsel greatly increases the success rate in these matters as the court must make a finding that the expungement is in 'the interest of justice'. In many cases, a Felony DUI can be reduced to a misdemeanor and then expunged.

Potential clients get a free telephone consultation with an Attorney with hundreds of DUI defense cases, including many jury trials. Our fees are reasonable, competitive, and include all legal work, court costs and court appearances. We DO NOT charge more for a California DUI expungement case, unlike many lawyers.

We have successfully expunged hundreds of DUI records all over the State of California. Please be aware that while all DUI cases can not be expunged most can be; there are some limits on the relief an expungement can grant; such as- DMV does not remove their record of the case after an expungement is granted in the criminal Court.

California DUI records are not expunged automatically with the passage of time, but require the filing and granting of a Petition for relief in Court.

For additional information Call 800 495 2819 or send an email request here.

Saturday, November 3, 2012

Does an Expungement erase all records and destroy the Court file?

No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code.

This means the Court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordered dismissed and set aside by the Court.

It does not remove all records of the case, nor does it make the conviction 'invisible' to background checks. The conviction is set aside, and the case dismissed by Court Order.

For additional information Call 800 495 2819 or send an email request here.

Wednesday, October 24, 2012

What is the difference between an infraction, a misdemeanor, and a felony in California Law?

In California, there are three (3) types of criminal offenses; they are defined as follows:

  • Infraction: An infraction is a minor offense such as petty theft under $50 (490 PC), and can only be punished with a fine. Certain non traffic infractions can now be expunged.
  • Misdemeanor: A misdemeanor is a criminal offense that can be punished by up to one (1) year in jail, a fine of $1,000 or both. Examples of misdemeanors are such things as DUI without injury, theft, battery, and disturbing the peace.
  • Felony: A felony is a more serious criminal offense. Felonies carry with them the possibility of a fine of up to $10,000.00 as well as incarceration in the State Prison system for many years. Some felonies require registration as narcotics or sex offenders. If you served time in State Prison your case cannot be expunged.

For additional information Call 800 495 2819, or send an email request here.

Sunday, October 21, 2012

What is an "Expungement" in California?

A California expungement is a legal process that petitions the Court to review a conviction to determine:

  1. If probation was successfully completed, or, if no probation was granted, a year has passed since the conviction;
  2. That all fines, restitution and reimbursement ordered by the court has been paid;
  3. That the petitioner is not now on probation for another offense;
  4. That the petitioner has no new pending cases;

The Court then allows the petitioner to withdraw their plea or finding of guilt, enters a "not guilty" plea, and orders the case dismissed. This means you can answer "No" to a question regarding convictions under many circumstances.

The Expungement law is somewhat complex in certain areas, but expungement of a record is something that should be done by anyone with even a minor history of arrest or conviction.

Even if probation violations occurred, a case can in some circumstances still be expunged.

See our UTube Video HERE

For additional information Call 800 495 2819, or send an email request here.

California Expungement Law Overview:

California Law (Penal Code § 1203.4) allows you to clear your criminal conviction by withdrawing your plea and having the case dismissed; other types of remedies such as sealing of diversion or juvenile records, early termination of probation, DUI expungement, or reduction of a felony conviction to misdemeanor status are also available.

Background checks for employment, professional licensing, college admission and financial aid, or even renting an apartment are now commonplace, and an expungement helps ensure success in these undertakings. Many of our clients seek expungement for these reasons, but a large number get their records expunged for peace of mind and for closure on a past mistake.

See our YouTube Video HERE

We offer a free confidential telephone consultation with an expert California Expungement Attorney to discuss your case and explain the law regarding expungement options. We have been clearing California Criminal Records since 1992 and have been online since 2003. Call 800 495 2819, or send an email request here.