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.