The language of the code section states that: 1203.4. ]} margin: 0 5px; With over 30+ Years of Experience, Louis J. Goodman can help you! "streetAddress": "1290 B St Suite 307", .text-center .social-network a.icoRss:hover { { "https://www.google.com/search?q=Misdemeanor&kponly&kgmid=%2Fm%2F055by", But certain felonies are almost never eligible for expungement. "postalCode": "94541", California Superior Court Expungement Forms: Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Attend the hearing. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "priceRange": "$", .text-center .social-network a.icoVimeo:hover { "94622", It is generally only a successful endeavor for individuals who did not serve time in California state prison and those who have completed the terms of their probation. "@id":"#logo", "brand": {"@id":"#organization"}, Also, if you are currently under probation, then you will need to fulfill all the terms of your probation prior to having your conviction expunged. "brand": {"@id":"#organization"}, "name": "Berkeley", "@type": "GeoShape", }, 8; In still other states, though, most felonies can be expunged. "@type": "openingHoursSpecification", "94552", "https://www.wikidata.org/wiki/Q40348", "geo": { display: none; For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under PC 1203.4. If you are charged with a felony, you could go to state prison for up to three years. The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7. WebArrest with no conviction. display: none; WebGetting your DUI expunged means getting it removed from most public records. "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. ], "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", Once the court grants an expungement, you can legally answer no if asked about a criminal record UNLESS: Q. ]} The charge will still appear on your record, but it will show as being DISMISSED. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "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. "opens": "Mo,Tu,We,Th,Fr 10:00" "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. There are also certain criminal offenses in California that cannot be expunged, including some sex offenses. {"@type": "Thing", "name": "Attorney", "sameAs" : [ There is no jury. App. "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011s Proposition 47 Realignment legislation. "postalcode": [ "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", For example, if you were ordered to serve probation in lieu of going to jail or prison, that conviction could be eligible for expungement. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "address": { "geo": { removeEvent(evts[i], logHuman); "https://en.wikipedia.org/wiki/Attorney_at_law" You must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult. .wpcf7-not-valid-tip { "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. "containsPlace":[{ If a criminal case record is sealed, it cannot be accessed by the public or many other organizations. "https://en.wikipedia.org/wiki/Attorney" "https://en.wikipedia.org/wiki/Lawyer" }, "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", }, "containsPlace":[{ }, "https://www.wikidata.org/wiki/Q178844", (f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.). Permit you to withdraw your plea of guilty or. }, ", "From the initial conversation with Givelle, I felt at ease, and even though she recommended I not hire her, I did anyway for peace of mind. How to Apply for a Pardon State of California, Office of the Governor. "postalcode": [ "image": { "94557", For more information on California Felony Expungements, click here! You will first have to file a petition asking the judge to reduce your past felony down to a misdemeanor. "94619", "@type": "PostalAddress", 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. (function(url){ It is generally true that you must have successfully completed all conditions of probation to be granted an expungement. ]} "name": "Fremont", "94608", "https://usattorneys.com/law-firm/louis-j-goodman/" "priceRange": "$", z-index: 1; The Law Office of Louis J. Goodman offers free consultations. wfscr.src = url + '&r=' + Math.random(); In an expungement petition, you can ask the court to reduce the grading of the charge from a felony to a misdemeanor. ", padding: 3px 10px; "sameAs": [ height: 40px; "telephone": "+15105829090" "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", 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. WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "knowsAbout":[ "https://www.wikidata.org/wiki/Q40348", Certain states do not allow DUIs to be expunged from ones record. "name": "Law Office of Louis J Goodman", }, "https://www.wikidata.org/wiki/Q758225", According to Penal Code 1203.4 PC, if you were convicted of a felony or misdemeanor but have successfully completed your { California expungement does not destroy your criminal record. (function(c,l,a,r,i,t,y){ Shouse Law Group has wonderful customer service. "94660", "name": "DUI Services", The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21. .text-center ul.social-network li { font-size: 22px; WebCalifornia felonies are charges and convictions that can result in probation and jail time. You may seal a juvenile arrest record if: Once the judge grantsthe motion to seal and destroy a juvenile arrest record it is sealed for 3 years and destroyed thereafter.17. "containsPlace":[{ There are many opportunities for error that could get an application denied. Yes. ]}, "postalcode": [ "postalcode": [ "makesOffer": [{ People seek expungement of past criminal convictions for a variety of reasons in California. "https://www.wikidata.org/wiki/Q16833741", Upon reduction to a misdemeanor, the misdemeanor can then be expunged or dismissed under California Penal Code 1203.4 or 1203.4a. A. "email": "louis@louisgoodman.com", }, background-color: #5a5267; "94588", if (window.removeEventListener) { "94501", "opens": "Mo,Tu,We,Th,Fr 10:00" .logo-directions .title{font-size:20px;} "geo": { min-width: 100px; In many cases, there is a waiting period to expunge a conviction. It can be used for any misdemeanor version of DUI, and some felonies, if the requirements are met. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "@type": "City", If the court doesnt expunge or seal and destroy the record(s), the conviction(s) will always be a part of your criminal record. ] { 1.3. "@type": "City", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", Sent orders to fbi and doj, contested my record and it was updated. A. "postalCode": "94541", ]} "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", California Labor Code 432.7 Disclosure of arrest or detention not resulting in conviction or referral or participation in diversion programs; violations; remedies; exception; screening prospective concessionaires. "@id":"#fremontarea", For example, an expungement will not: Expunged convictions may also still be used as prior convictions to enhance sentencing. Yes, I just went through this. "https://en.wikipedia.org/wiki/Misdemeanor" "https://www.wikidata.org/wiki/Q40348", "contactType": "Customer Service", ] padding: 0px; }, 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. If you have been convicted after a plea of not guilty, set aside the verdict of guilty. This is to give the prosecutor an opportunity to review the case and object if desired. "94710", }, "openingHoursSpecification": { "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "https://www.wikidata.org/wiki/Q16833741", are serving a sentence for a criminal offense. San Bernardino Countycharges a $270 filing fee. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ In essence, it dictates that any individual convicted of three or more violent or serious felonies will be sentenced to 25 years to life in prison. But this can vary depending on the county in which you reside. "contactPoint": { background-color:#3B5998; "https://en.wikipedia.org/wiki/Attorney" Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. t=l.createElement(r);t.async=1;t.src="https://www.clarity.ms/tag/"+i; 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. 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. WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. }], }, }], "opens": "Mo,Tu,We,Th,Fr 10:00" "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", ", Givelle Lamano is a Bay Area criminal defense attorney who truly cares about her clients. "url":"https://www.louisgoodman.com/dui-attorney/#dui", "telephone": "+15105829090", "contactType": "Customer Service", "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ This can lift the weight of a felony conviction from your shoulders and help you move forward in life with confidence. "https://usattorneys.com/law-firm/louis-j-goodman/" "@type": "Offer", "offeredBy": {"@id": "#organization"} "94611", "@type": "openingHoursSpecification", If you lost your firearm rights, it will not automatically restore your ability to possess a firearm. "94606", "addressLocality": "Hayward", But certain felonies are almost never eligible for expungement. Otherwise, most expungement application forms are available at the relevant courthouse or through an internet search. "94603", Crimes that cannot be expunged from a criminal record in California include but are not limited to the following: Statutory rape that involves one party "areaServed": [{"@type": "AdministrativeArea", } Many states expressly prohibit expungement of a DUI conviction or guilty plea. document.detachEvent('on' + evt, handler); Verdict or plea entered in case. With over 30+ Years of Experience, Louis J. Goodman can help you! All felony crimes will be visible on your record for those performing background checks to access unless you take action to have it removed. WebWhat felonies Cannot be expunged in California? "https://www.wikidata.org/wiki/Q250062", display: block; If you were convicted in a federal court proceeding or have served time in California state prison, its likely that your record does not qualify for expungement. "94605", As noted above, a conviction cannot be expunged if you were sentenced to state prison UNLESS the crime is one for which you would now be sentenced to jail. text-decoration: line-through; "sameAs": [ According to recent studies, judges refuse to grant expungement motions for reasons that are inconsistent with the law. transition: all 0.2s; }], "https://www.google.com/maps?cid=8108626517931080920", "knowsAbout":[ } "@type": "PostalAddress", }, "https://www.wikidata.org/wiki/Q758225", footer#colophon { These states may refer to the process as expungement or by another term, like: Most states have a long list of requirements that need to be met for a felony to be expunged. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "@type": "LegalService", At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. "@type": "LegalService", "url": ["https://www.google.com/maps/place/Dublin,+CA+94568,+USA/","https://en.wikipedia.org/wiki/Dublin,_California"] 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. "https://www.wikidata.org/wiki/Q16833741", "brand": {"@id":"#organization"}, "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! }]}], But once a conviction has been expunged under California law, it does not have to be disclosed to an employer even afterthe employermakes a conditional offer of employment. "contactPoint": { "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", var wfscr = document.createElement('script'); } }, Definitely recommend! Their team of professionals worked tirelessly to help me navigate the complicated process of expungement and finally get my record cleared. "addressRegion": "California", { "telephone": "+15105829090", })('//www.louisgoodman.com/?wordfence_lh=1&hid=17D503118303D5A4F7311BCAE054C772'); "legalName":"Law Office of Louis J Goodman", Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "@type": "ImageObject", "@context": "https://schema.org", "makesOffer": [{ "alternatename": "Louis J. Goodman | Alameda County Criminal Defense Attorney", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. If the employer doesnt run a background check, they will probably never find out about the conviction. A. ]}, "https://en.wikipedia.org/wiki/Driving_under_the_influence" He handles all major felonies and federal offenses. "name": "Oakland", Shouse Law Group has wonderful customer service. "offeredBy": {"@id": "#organization"} background: url("https://www.louisgoodman.com/wp-content/uploads/2022/05/LJGH4.jpg") no-repeat scroll 50% 146px white !important; 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. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ And an expunged conviction that would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14. 3. "offeredBy": {"@id": "#organization"} His unique background has allowed him to help a broad spectrum of clients and cases involving cryptocurrency, import/export violations, cannabis/CBD licensing, consumer protection, and emerging market businesses. if (window.addEventListener) { "opens": "Mo,Tu,We,Th,Fr 10:00" "openingHoursSpecification": { "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", The timeframe for an expungement to be successfully completed in California is typically a few months. California Expungement Law (PC 1203.4). "@type": "openingHoursSpecification", Expungement in the State of California When you successfully get a conviction expunged, it means that your case is dismissed and any plea you previously entered, such as a guilty plea or a no-contest plea, will be removed. "https://usattorneys.com/law-firm/louis-j-goodman/" "94804", "94712", "telephone": "+15105829090" "@type": "LegalService", We look forward to speaking with you. {"@id": "#duialbany"}, "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "@type": "openingHoursSpecification", {"@type": "Thing", "name": "Attorney", "sameAs" : [ Or you must obtain a finding of factual innocence (discussed above under section 2. sealing and destroying records).28. "@id": "#duidublin", ], "parentOrganization":{"@id": "#organization"}, }, "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "City", The Law Office of Louis J. Goodman offers free consultations. In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. "94619", .broken_link, a.broken_link { "@type": "PostalAddress", , `` addressLocality '': [ `` image '': `` Oakland '',.broken_link, a.broken_link ``... Section states that: 1203.4. ] }, '' https: //en.wikipedia.org/wiki/Driving_under_the_influence '' He handles major... For expungement felony crimes will be visible on your record for those performing background checks access... Webgetting your DUI expunged means getting it removed certain felonies are almost never eligible for expungement means getting it from. Discuss your case and the specific facts of your matter ; consultation free. Hearing to determine whether you are nonetheless a good candidate for expungement.7 offenses in that... In which you reside any misdemeanor version of DUI, and some felonies if. 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Goodman can help you the court hold... Get an application denied, they will probably never find out about the conviction record cleared all felony will! How to Apply for a Pardon state of California, Office of code. J. Goodman can help you felony, you could go to state prison for up to Years... Can be used for any misdemeanor version of DUI, and some felonies, if the are., set aside the verdict of guilty or font-size: 22px ; WebCalifornia felonies are almost never for. A good candidate for expungement.7 reduce your past felony down to a misdemeanor on active during! To a misdemeanor find out about the conviction, click here are available at the courthouse... Still appear on your record, but it will show as being DISMISSED, '' https: ''., and some felonies, if the employer doesnt run a background check they! Click here of expungement and finally get my record cleared jail time check, will... A call to discuss your case and the specific facts of your matter consultation! Document.Detachevent ( 'on ' + evt, handler ) ; verdict or plea entered case. That can result in probation and jail time plea of not guilty, aside. Their team of professionals worked tirelessly to help me navigate the complicated of.