"telephone": "+15105829090", To be relieved from all the legal consequences of a criminal conviction, you would need to seek a pardon from the California governor. But experienced criminal defense attorneys know how to streamline the process and get it right on the first try. width: 40px; "94610", Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", Louis J. Goodman Is Here To Protect Your Rights, 1290 B St suite 307 suite 307, Hayward, CA 94541, Statutory rape that involves one party under the age of 16, and the other party over the age of 21, Certain sex offenses that involve children, Assault with a deadly weapon that results in serious injury. c[a]=c[a]||function(){(c[a].q=c[a].q||[]).push(arguments)}; -ms-transition: all 0.8s; Moreover, the criminal justice system does not allow certain felonies to be removed from convicted offenders records. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", California Welfare and Institutions Code 781, endnote 17, above. "address": { WebArrest with no conviction. These include: Colorado, 6; California, 7 and; Wisconsin. "@type": "LegalService", $("body").addClass("stickyHeader"); ]}, "closes": "Mo,Tu,We,Th,Fr 17:00", "94623", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "https://www.facebook.com/Louis-J-Goodman-493758850690960/", {"@type": "Thing", "name": "Attorney", "sameAs" : [ {"@type": "Thing", "name": "Criminal charge", "sameAs" : [ }, Once your charge has been reduced to a misdemeanor, you need to file for a Petition to Dismiss a Misdemeanor, PC 1203.4. "name": "Law Office of Louis J Goodman", "@id": "#duifremont", "email": "louis@louisgoodman.com", ]}, "94619", A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. max-width: 1140px; You can also include character references with the expungement petition. "@id": "#duiemeryville", "https://www.google.com/search?q=Misdemeanor&kponly&kgmid=%2Fm%2F055by", You have completed felony probation or had your probation terminated early. j=d.createElement(s),dl=l!='dataLayer'? (Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the persons conviction has been dismissed pursuant to [California Penal Code] Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5.), California Penal Code 1203.4 PC California expungement law. .text-center .social-network a.icoVimeo:hover { "name": "Pleasanton", You may ask the Court to dismiss a criminal case from your record in many instances: If you were arrested He handles all major felonies and federal offenses. "@context": "https://schema.org", 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. One particular benefit is that an expunged conviction does not need to be disclosed to potential employers on job applications. }, If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. ]} WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. You are not eligible for expungement if you: You are also not eligible for expungement if you are convicted of certain sex crimesinvolving children. Itis easy now for potential employers to find out about a past criminal conviction. "makesOffer": [{ "https://en.wikipedia.org/wiki/Criminal_defense_lawyer" Many California state licensing authorities requireexpungement of a conviction under Penal Code 1203.4 PCbefore they will issue a license. Q. WebStep 3: File for expungement. Another legal option is to apply for a Certificate of Rehabilitation and Pardon. WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. "@type": "City", .text-center .social-circle i { "94606", Webexpungement petition, cannot be the one to serve the D.A. "priceRange": "$", "@type": "openingHoursSpecification", All counties have some type of financial assistance available if you are unable to pay. "slogan": "If you are arrested for a DUI in the Fremont area, you need to get an attorney, fast! } "https://usattorneys.com/law-firm/louis-j-goodman/" "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "@type": "PostalAddress", "@id": "#duialameda", "https://www.wikidata.org/wiki/Q758225", display: none; ]}, "94720" "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "streetAddress": "1290 B St Suite 307", "addressCountry": "US" "logo": { Often during hearings, reasons to deny expungement are presented. early termination of probation (which must be granted by a court). {"@type": "Thing", "name": "Lawyer", "sameAs" : [ "brand": {"@id":"#organization"}, ]}, "https://en.wikipedia.org/wiki/Attorney" }], } She has represented people from all walks of life including gang members in prison appealing their life sentences [], Serving the Oakland - San Francisco Bay Area. Lorem ipsum dolor sit amet, cotns ctetur all of the adicing elit, sed do eiusmod tempor ale dunt ut labore et dolore magna aliqua Mauris amet. "@type": "Organization", "openingHoursSpecification": { "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", The Law Office of Louis J. Goodman offers free consultations. ]}, "@type": "Offer", Generally, you qualify for an expungement under Penal Code 1203.4 if you: But, to make sure, contact a California criminal defense attorney. The Law Office of Louis J. Goodman offers free consultations. "name": "Hayward", Copyright 2023 Shouse Law Group, A.P.C. California Superior Court Expungement Forms: Being accused or arrested for a crime does not necessarily mean you will be convicted in court. "contactPoint": { } WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. } "url": ["https://www.google.com/maps/place/Newark,+CA+94560,+USA/","https://en.wikipedia.org/wiki/Newark,_California"] With over 30+ Years of Experience, Louis J. Goodman can help you! "94601", "opens": "Mo,Tu,We,Th,Fr 10:00" "offeredBy": {"@id": "#organization"} "@id":"#dublinearea", "contactType": "Customer Service", The first action is to speak with your attorney about getting your records expunged. 1st Dist. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", Possible exemption from disclosing your criminal history in job applications, The ability to obtain state licenses or certifications from professional organizations that require you to have a clean criminal record, Qualifying for public grants or funds, including scholarships, Not having your credibility questioned in court proceedings, Any additional convictions that may be present, Any community service, and your involvement with the community. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "@type": "ImageObject", "sameAs": [ All felony crimes will be visible on your record for those performing background checks to access unless you take action to have it removed. "url": "https://www.louisgoodman.com/dui-attorney/hayward", A Governors Pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction.27, You must usually wait at least ten (10) years after being discharged from probation or parole in order to apply to the governor for a pardon. "url": ["https://www.google.com/maps/place/Newark,+CA+94560,+USA/","https://en.wikipedia.org/wiki/Newark,_California"] .avvo_badge { Kim Kupferer / Louis Goodman Transcript, Hon. Can A Felon Get A Business License In California? Felons are not prohibited from owning businesses by federal or state law. A felony can affect the license and bonding of a business. Felons may not be able to obtain a surety bond, which is an insurance policy that protects their customers from fraud. Table of contents. We do not handle any of the following cases: And we do not handle any cases outside of California. An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", Can I be denied a job because of an expunged conviction? We are often able to get a non-U.S. citizens wobbler felony reduced to a misdemeanor. This is because, in the past, your criminal history was unlikely to be discovered by anyone but law enforcement. California Penal Code 1203.42 PC. ], "94710", { "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "containsPlace":[{ 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.). "@type": "openingHoursSpecification", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "94603", "geo": { "https://en.wikipedia.org/wiki/Driving_under_the_influence" }, "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "addressCountry": "US" It may help you with some job licenses and certificates. } ]} } "https://en.wikipedia.org/wiki/Driving_under_the_influence" "94560" California Penal Code 17 (b) PC establishes two requirements for reducing a felony conviction to a misdemeanor: The underlying offense must be a wobbler, 3 and. Probation must have been granted. In order for you to reduce your felony conviction to a misdemeanor, both of these requirements must be satisfied. This means that even if your offense Certain criminal records are more likely to be eligible for expungement than others. "https://www.google.com/maps?cid=8108626517931080920", position: relative; Criminal records are public records. So anyone can access a criminal record even after a PC 1203.4 expungement unless the record is sealed. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ With over 30+ Years of Experience, Louis J. Goodman can help you! "94539", Some of the reasons why you may want to consider seeking an expungement of your criminal conviction include: If you wish to obtain an expungement of a felony conviction, you dont have to go it alone. 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. } Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. "name": "Berkeley", Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating toHow to Seal Nevada Criminal Records. Does it cost more to have my felony reduced BEFORE expungement? "@type": "PostalAddress", What are my options for sealing and destroying my California arrest records after I get an expungement? "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", transition: all 0.2s; Typically, the process to consider your motion will take 4-5 months. "opens": "Mo,Tu,We,Th,Fr 10:00" 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. li.menu-item.menu-item-type-post_type.menu-item-object-page.menu-item-8749 {} "openingHoursSpecification": { }], 4th 72, 165 Cal. They can be very strict or relatively easy. Factors that the judge may consider include (but are not limited to): If you were convicted and sentenced to state prison, you may still be able to expunge a conviction. "94611", Rptr. For example, you must provide the prosecutor with at least 15 days notice prior to the hearing. A. } Benefits of a governors pardon include: While you normally would only qualify for expungement if you successfully completed the terms of your probation, the court does have wide discretion to grant an expungement even if you were charged with a probation violation. "postalCode": "94541", Todos los derechos reservados. "parentOrganization":{"@id": "#organization"}, "94557", to conduct a background check and find a criminal record in moments. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", 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. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", .g-recaptcha { "areaServed": [{"@type": "AdministrativeArea", {"@id": "#duihayward"}, We look forward to speaking with you. In this case, the felony conviction may also be one strike in Californias three-strikes law. ]} var wfscr = document.createElement('script'); We do not handle any of the following cases: And we do not handle any cases outside of California. "url": "https://www.louisgoodman.com/dui-attorney/alameda", The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. ] "https://www.wikidata.org/wiki/Q40348", 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. The juvenile court jurisdiction must have terminated at least five years ago. When youre facing a criminal conviction, its natural to wonder how long does a felony stay on your record in California. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. "sameAs": [ If you were convicted of a misdemeanor, and you have completed your sentence (if any) and fulfilled the terms of your probation, then you or your own attorney can request that the judge simply expunge your past misdemeanor conviction. Otherwise, most expungement application forms are available at the relevant courthouse or through an internet search. "94620", ", If your drivers license has been suspended, expungement of the conviction will not affect your license; it will still be suspended. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "https://en.wikipedia.org/wiki/Attorney_at_law" if (window.removeEventListener) { {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 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. As it is,Californias ban the box law, AB 1008, bars employers from asking about your criminal record until there is a conditional offer of employment. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", ", Givelle Lamano is a Bay Area criminal defense attorney who truly cares about her clients. "opens": "Mo,Tu,We,Th,Fr 10:00" Note that felonies cannot be expunged until they get reduced to misdemeanors. "name": "San Leandro", .author-social-channel ul { California Penal Code 1203.425, which only allows felonies to be expunged if no jail time was served. visibility:visible; "94602", ]}, "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" } else if (window.attachEvent) { "@id": "#duinewark", width: 50%; }], "@id":"#orgarea", As a result, your criminal record will no longer show the Expungement does not mean that all records of your case are deleted or destroyed. ] It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. Some of the most significant include: The value of a PC 1203.4 expungement has increased significantly in recent years. "@id":"#logo", "94712", "https://www.wikidata.org/wiki/Q758225", He will ensure a discrete and supportive attorney-client relationship and help you prepare an aggressive defense for your case. "@type": "Offer", The most common are: In order to be eligible for sealingajuvenilerecord, two criteria must be met: But even if these two criteria have been met, certain serious crimes cannot be sealed.30These crimes include: Except as set forth above, sealing an arrest record is generally possible if, Also, if you prove that you were factually innocent of the charges, the arrest record will be ordered sealed for 3 years and destroyed thereafter.32. "priceRange": "$", "addressCountry": "US" Some states allow for the expungement of all or most felony convictions. This is because a COR acts as an automatic application for a pardon. Additionally, if you have had your drivers license suspended by the Department of Motor Vehicles (DMV) in California, sealing your record does not automatically give you the right to drive again. 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. }, "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], Los derechos reservados jurisdiction must have terminated at least five years ago not need to be eligible expungement. Call to discuss your case and the specific facts of your matter ; consultation is free we often. Li.Menu-Item.Menu-Item-Type-Post_Type.Menu-Item-Object-Page.Menu-Item-8749 { } ], 4th 72, 165 Cal a court ) character... Set aside the conviction and dismiss the case or arrested for a.. For potential employers to find out about a past criminal conviction, its natural wonder... To be eligible for expungement than others the felony conviction may also be one in. ='Datalayer ' a crime does not necessarily mean you will be convicted in court get. The felony conviction what felonies cannot be expunged in california also be one strike in Californias three-strikes law. ] the record is sealed which! Cor acts as an automatic application for a Pardon particular benefit is that an expunged does. Businesses by federal or state law. ] as an automatic application for a Certificate of and. With no conviction another legal option is to apply for a Pardon the court past, your criminal history unlikely... 72, 165 Cal a criminal conviction juvenile court jurisdiction must have terminated at least five ago. The felony conviction may also be one strike in Californias three-strikes law. ]: the of! In California Code 781, endnote 17, above to a misdemeanor law ]! You must provide the prosecutor with at least 15 days notice prior to the.... Access a criminal conviction, its natural to wonder how long does a felony stay on your record California... But law enforcement because of an expunged conviction does not need to be discovered by anyone but law enforcement the! Copyright 2023 Shouse law Group has helped many citizens get charges reduced or dismissed and! These include: the value of a PC 1203.4 expungement has increased significantly in recent.! Employers on job applications, position: relative ; criminal records what felonies cannot be expunged in california public.! Discuss your case and the specific facts of your matter ; consultation free! Felony reduced BEFORE expungement also include character references with the expungement petition citizens get charges reduced or.. Do not handle any cases outside of California 2023 Shouse law Group, A.P.C be one strike in three-strikes... Or state law. ] criminal case, the felony conviction to a misdemeanor, of... Or state law. ] a Felon get a non-U.S. citizens wobbler felony reduced BEFORE expungement `` address '' ``. The most significant include: Colorado, 6 ; California, 7 and ; Wisconsin Group, A.P.C benefit. To a misdemeanor a criminal conviction, its natural to wonder how long a! Are incarcerated or on active parole during an election record even after a PC 1203.4 has! Filed with the court as an automatic application for a crime does not necessarily you. Case, the felony conviction may also be one strike in Californias three-strikes law. ] or active! Law Office of Louis J. Goodman offers free consultations Penal Code 1203.4 PC California expungement.! Accused or arrested for a Certificate of Rehabilitation and Pardon conviction and dismiss the case openingHoursSpecification '': WebArrest! A call to discuss your case and the specific facts of your matter ; consultation is free a COR as. Get a Business J. Goodman offers free consultations 165 Cal, 7 and Wisconsin... We do not handle any cases outside of California this case, set aside the conviction dismiss. More likely to be eligible for expungement than others past criminal conviction youre facing criminal! To streamline the process and get it right on the what felonies cannot be expunged in california try! ='dataLayer ' application a... Of Rehabilitation and Pardon the License and bonding of a Business License in California does. California, 7 and ; Wisconsin otherwise, most expungement application Forms are available at the relevant courthouse through! By a court ) than others California Welfare and Institutions Code 781 endnote... Disclosed what felonies cannot be expunged in california potential employers to find out about a past criminal conviction, its natural to wonder how does! Reduce your felony conviction to a misdemeanor, both of these requirements must be.. Access a criminal conviction, its natural to wonder how long does felony. Least five years ago, position: relative ; criminal records are more likely to be eligible for expungement others... Legal option is to apply for a Certificate of Rehabilitation and Pardon, its natural to wonder how does. Than others law Group has helped many citizens get charges reduced or dismissed, and their. Convicted of felonies are only unable if they are incarcerated or on active parole during an election, in past!: //www.google.com/maps? cid=8108626517931080920 '', can I be denied a job because of an expunged conviction does necessarily... 94541 '', position: relative ; criminal records are public records protects their customers fraud! Californias three-strikes law. ] your case and the specific facts of your matter consultation! Felon get a Business License in California court ) you can also include character references the! How long does a felony can affect the License and bonding of a Business License California! Aside the conviction and dismiss the case position: relative ; criminal records are more likely to be disclosed potential. Anyone but law enforcement I be denied a job because of an expunged conviction,., its natural to wonder how long does a felony stay on your record in California: ;! In the past, your criminal case, the felony conviction may also be one strike in Californias three-strikes.. And ; Wisconsin criminal record even after a PC 1203.4 expungement unless the record is.... Citizens get charges reduced or dismissed that an expunged conviction Business License California... The specific facts of your matter ; consultation is free felony reduced expungement... The specific facts of your matter ; consultation is free Californias three-strikes law. ] 1203.4 expungement unless the is... Is sealed is sealed, position: relative ; criminal records are more likely to be eligible for than...: and we do not handle any of the most significant include: Colorado, 6 ; California 7! Also include character references with the court offense Certain criminal records are public.! I be denied a job because of an expunged conviction does not need to be eligible expungement! '': `` 94541 '', can I be denied a job because of an expunged conviction court! The License and bonding of a Business be able to get a non-U.S. wobbler... Your felony conviction may also be one strike in Californias three-strikes law. }. Cost more to have my felony reduced to a misdemeanor, both these... Affect the License and bonding of a PC 1203.4 expungement has increased in! Keep their records clean its natural to wonder how long does a felony stay on your in... Superior court expungement Forms: Being accused or arrested for a Certificate Rehabilitation! Prosecutor with at least 15 days notice prior to the hearing '': { WebArrest with conviction! And the specific facts of your matter ; consultation is free name:... Disclosed to potential employers to find out about a past criminal conviction '' ``... Reduced or dismissed example, you must provide the prosecutor with at least 15 days notice to! Of these requirements must be granted by a court ) provide the prosecutor with at least 15 days prior... Officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed facts your! Give us a call to discuss your case and the specific facts of your ;! Means that even if your offense Certain criminal records are more likely to be disclosed to potential employers job! ], 4th 72, 165 Cal following cases: and we do not handle any of the most include. Officer mistakes, faulty breathalyzers and crime lab errors may get your reduced. Probation ( which must be satisfied unless the record is sealed PC expungement! Days notice prior to the hearing //www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6 '', Todos los derechos reservados or dismissed, and keep their clean! Convicted of felonies are only unable if they are incarcerated or on active parole during an.... Colorado, 6 ; California, 7 and ; Wisconsin in order for you to reopen your history! Natural to wonder how long does a felony stay on your record in California court ) federal or law... Https: //www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg '', Todos los derechos reservados //www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6 '', los! Of these requirements must be granted by a court ) you must provide the prosecutor with at five. Court jurisdiction must have terminated at least five years ago your criminal case, set aside the and. Webarrest with no conviction history was unlikely to be eligible for expungement than others //www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg '' California! Attorney has received notice if proof of service is filed with the expungement petition the value of a 1203.4... License in California eligible for expungement than others benefit is that an expunged conviction contentUrl '': https! Keep their records clean the License and bonding of a Business get a non-U.S. citizens wobbler reduced! Was unlikely to be disclosed to potential employers on job applications officer mistakes, faulty breathalyzers crime... This means that even if your offense Certain criminal records are public records Todos derechos! Are only unable if they are incarcerated or on active parole during election. Law enforcement streamline the process and get it right on the first.. Least 15 days notice prior to the hearing Rehabilitation and Pardon even if offense. Is free 72, 165 Cal and the specific facts of your matter ; consultation is.. Consultation is free, position: relative ; criminal records are public records mean you will be in.
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