i have a misdemeanor i want to expunge, do i have to hire a lawyer?
2007-03-05 12:43:49 · 8 answers · asked by Mickey E 1 in Politics & Government ➔ Law & Ethics
Yes... expungement can not be achieved without an attorney. It's fairly cheap btw... just hire one and let him or her take care of it for you.
2007-03-06 17:21:18 · answer #1 · answered by BeachBum 7 · 0⤊ 1⤋
Most California courts have developed a form packet that comes with instructions on how to file a petition to have a misdemeanor conviction expunged. The link below to the form packet developed by the Superior Court in San Diego. As you can see, it isn't that complicated.
Most people are more comfortable with an attorney, and most California attorneys would charge around $500 for something like this. You can do it yourself, but should you?
When people ask me if they need an attorney, I use the analogy of changing your own oil. I took auto shop in high school and I can change my own oil. I even know enough to lubricate the gasket on the new oil filter before installing it to get a better seal. But I will spend half my Saturday morning under my truck and I will still have to figure out where to dispose of the used oil.
For $25, I can take my truck to a local EZ Lube to have it done and get a free car wash. In the meantime, I can go hang out at Starbucks and read the paper.
Can you do it yourself? Probably. Should you? That's a whole different issue that only you can answer.
2007-03-05 13:12:44 · answer #2 · answered by Carl 7 · 2⤊ 0⤋
Socal Attorney has it right, if you are entitled to a so-called "expungement." You are entitled if you were put on probation, and completed probation without a violation. The form which you should be able to get at any clerk's office is pretty simple to fill out. You can also get the form here:
http://www.courtinfo.ca.gov/forms/documents/cr180.pdf
The court can grant it in other cases as well, but that is going to take convincing the judge that he should, and for that you would be better served having an attorney.
However, you need to know that an "expungement" in California, under Penal Code section 1203.4, does not really do that much for you. It does not take anything off your record, the record will just show that you got 1203.4 relief. The conviction can still be used as a "prior." It does not change any firearm restrictions.
Although theoretically the charge is "dismissed," there will still be a conviction. My recommendation to people having obtained 1203.4 relief is, if asked, to say that there was a conviction which was thereafter dismissed under PC 1203.4. That way it can never be claimed that you falsified your record.
2007-03-06 07:28:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Try the sites below for research on this topic. If you need an Attorney, try the last site and watch the online movie presentation. Hope this helps.
2007-03-05 13:04:05 · answer #4 · answered by citronge69 4 · 0⤊ 0⤋
File a petition for expungement of your criminal record by citing that you had not committed another crime and the offense was committed for a long time already.
2007-03-05 12:48:14 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
More details required
2016-07-28 09:24:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2016-08-23 20:20:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
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2016-09-19 11:43:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋