"name": "Alameda", {"@id": "#duisanleandro"}, "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" did not commit any new crimes while on probation. :Chrome\/26\.0\.1410\.63 Safari\/537\.31|WordfenceTestMonBot)/.test(navigator.userAgent)){ return; } 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. "94557", A. .text-center .social-circle i { "@type": "LegalService", 7031 Koll Center Pkwy, Pleasanton, CA 94566. "94608", removeEvent(evts[i], logHuman); "https://www.wikidata.org/wiki/Q758225", additional steps may be necessary to remove third-party records. .textwidget input[type="submit"] { "postalcode": [ } "94608", "contactType": "Customer Service", "email": "louis@louisgoodman.com", Those convicted will automatically have a felony on their criminal record. An employer may not discriminate against your job application based on expunged convictions. background: url("https://www.louisgoodman.com/wp-content/uploads/2022/05/LJGH4.jpg") no-repeat scroll 50% 146px white !important; "@type": "GeoShape", If you are prosecuted with the former, you can go to county jail for up to one year. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ The best way to keep your record clean is to not be convicted in the first place. How do I expunge a criminal record in California? "https://usattorneys.com/law-firm/louis-j-goodman/" {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "url": ["https://www.google.com/maps/place/Fremont,+CA,+USA/","https://en.wikipedia.org/wiki/Fremont,_California"] You will need to prove to the court that reducing the grading of your charge to a misdemeanor serves the interest of justice. Judges can grant the expungement if they believe it would be in the interests of justice. "openingHoursSpecification": { "https://www.wikidata.org/wiki/Q16833741", Webexpungement petition, cannot be the one to serve the D.A. In fact, they arent even legally allowed to inquire about them.26, A. -moz-transform: rotate(360deg); "logo": { "name": "Dublin", "postalcode": [ The inconvenient truth is that it will be there forever unless you take decisive action to have it removed. "https://www.google.com/maps?cid=8108626517931080920", WebUnder California law, certain felony offenses are considered wobbler crimes, which means that they can be graded as either a felony or as a misdemeanor. "94611", "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], With that in mind, here are some circumstances that typically do allow for expungement in California: If you have a felony conviction on your criminal record, its worth reaching out to Louis J. Goodman for a free consultation to check if you can have your felony expunged. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "openingHoursSpecification", Moreover, the criminal justice system does not allow certain felonies to be removed from convicted offenders records. A California Penal Code 1203.4 PC expungement cannot provide this type of relief. This process should have been done by July 1, 2020. "containsPlace":[{ "94705", , At ExpungeAmerica, we are confident that we will clear your record. There is "telephone": "+15105829090", Each state has its own rules. { It may help you with some job licenses and certificates. "addressCountry": "US" This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. "logo": { "94706", Q. "telephone": "+15105829090", {"@type": "Thing", "name": "Domestic violence court", "sameAs" : [ "name": "Livermore", ]}, "94701", if (window.wfLogHumanRan) { return; } "slogan": "If you are arrested for a DUI in the Oakland area, you need to get an attorney, fast! WebThere are several restrictions on what an expungement under Penal Code 1203.4 PC can do, including the following: - It cannot reverse a drivers license suspension or revocation - It cannot terminate a sex offender registration requirement under Penal Code 290 PC - It cannot restore California gun rights under Penal Code 29800 PC "@id":"#albanyarea", "contactType": "Customer Service", "94662" }, } In the wake of a probation violation, the court has wide discretion as to whether to grant or denya petition for a PC 1203.4 expungement. When it came into force in 1994, the law included all felony crimes. The judge will dismiss the criminal charges and set aside the criminal conviction. 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 California Welfare and Institutions Code 781, endnote 17, above. sealing of records after plea withdrawal and case dismissal. Reducing the felony first just expedites the process. CRIMINAL PROCEDURE ARTICLE 10-110 . .broken_link, a.broken_link.elementor-button { "@type": "City", "@id": "#duialameda", Q. }, }]}], ", "I work with Givelle Lamano on a professional level and would recommend her services to anyone that needs expert Criminal Defense or a DUI Lawyer in South San Francisco, San Mateo. ], ]}, }, The juvenile court jurisdiction must have terminated at least five years ago. }, "https://www.wikidata.org/wiki/Q40348", Expungement does not affect your DMV record. 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. "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] You were convicted in California state court, not federal court. "url": "https://www.louisgoodman.com/dui-attorney/fremont", "sameAs": [ "https://www.google.com/maps?cid=8108626517931080920", California Penal Code 1203.4 PC California expungement law. "@type": "LegalService", text-align: center; "94706", "@type": "openingHoursSpecification", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "areaServed": [{"@type": "AdministrativeArea", .text-center ul.social-network { What is eligible for expungement will depend on the state. Our legal team provides clients with a compassionate, comforting approach and over 30 years of combined legal experience. Otherwise, most expungement application forms are available at the relevant courthouse or through an internet search. "geo": { Unfortunately, Californians convicted of felonies are often stigmatized in many aspects of their lives. WebWhether you need a California DUI expungement attorney, or you have questions about your specific felony conviction, our team of attorneys are ready to help. Before you get your felony expunged, you need to get the charge reduced to a misdemeanor. }, Kim Kupferer / Louis Goodman Transcript, Hon. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", Commutation of a California prison sentence, 1. WebCalifornia Penal Code 1203.4 allows individuals with convictions for infractions, misdemeanors, and felonies to have their cases opened, to withdraw a plea of guilty, and to have the case dismissed. "https://en.wikipedia.org/wiki/Attorney_at_law" "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", A. Ultimately, the judge makes the decision whether to grant an expungement. "addressRegion": "California", "@type": "ImageObject", As criminal defense attorneyJohn Murray3explains, In todays economy where finding a job is tougher than ever you want to do everything in your power to make yourself the most desirable candidate. "closes": "Mo,Tu,We,Th,Fr 17:00", "name": "DUI Services", "https://www.wikidata.org/wiki/Q250062", Generally not. "https://en.wikipedia.org/wiki/Driving_under_the_influence" Many times, a California criminal defense lawyer can expedite the expungement process by packaging a number of motions into one. .nav_wrapper .menu ul ul, .menu ul ul ul{ They can be very strict or relatively easy. "https://en.wikipedia.org/wiki/Driving_under_the_influence" In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. Louis J. Goodman is a former Deputy District Attorney and experienced Alameda County Criminal Defense Lawyer, and can help you understand and exercise your Constitutional Rights. Q. Verdict or plea entered in case. "url":"https://www.louisgoodman.com/dui-attorney/#dui", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", 2019 Pride Legal LLC. "94614", ]}, border: 1px solid #fcb900; {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" (However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.); see also, See same. Under California law, certain felony offenses are considered wobbler crimes, which means that they can be graded as either a felony or as a misdemeanor. 2020), 264 Cal. "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. You have completed felony probation or had your probation terminated early. ]} This website is not intended to be used by or relied upon by employers or by anyone outside of the state of California. "@type": "GeoShape", "offeredBy": {"@id": "#organization"} Again, there are a lot of differences between states. } Being accused or arrested for a crime does not necessarily mean you will be convicted in court. "94502", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", This will tell the potential employer that a California court has said you are ready to make a fresh start. ]} "url": ["https://www.google.com/maps/place/Pleasanton,+CA,+USA/","https://en.wikipedia.org/wiki/Pleasanton,_California"] li.page_item.page-item-2968 { Only the most severe offenses are ineligible. "https://www.wikidata.org/wiki/Q156537", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "name": "Oakland", "94557", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", } "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] "94613", "logo": { .stickyHeader #header_pop { 1.4. Attorneys can also help you understand the process as you move through it by interpreting legal jargon and assisting with complex legal forms. (The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon.). "email": "louis@louisgoodman.com", App. If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven (7) years after release from custody. "addressRegion": "California", }, span.wpcf7-list-item { "telephone": "+15105829090" "addressCountry": "US" "address": { If you are eligible under PC 1203.4, you may petition the court to expunge a conviction on the earlier of: (Note that if you qualify under PC 1203.42, you may only petition the court if at least two years have passed since the completion of your sentence). "email": "louis@louisgoodman.com", ] A criminal record with a felony conviction can have major implications for your future. For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under PC 1203.4. Shouse Law Group has wonderful customer service. "@type": "City", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "url": ["https://www.google.com/maps/place/Albany,+CA,+USA/","https://en.wikipedia.org/wiki/Albany,_California"] A pardon is a rarely granted form of relief from conviction, offered only to those persons who have demonstrated a substantial level of rehabilitation after completing their sentence. "@type": "PostalAddress", 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. Sealing and destroying arrest recordsper SB 383is a totally different process from expunging records of criminal convictions under PC 1203.4. Once the court grants an expungement, you can legally answer no if asked about a criminal record UNLESS: Q. background-color: #5a5267; Once your paperwork is complete, you can file your petition and documentation with the courthouse at which you were convicted. } .input-append button { "streetAddress": "1290 B St Suite 307", 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. }, font-size: 2.6em; you were arrested, but the prosecutor never filed criminal charges, or, the conviction was overturned and dismissed on, you successfully completed a program of diversion, such as, as an adult, you have not been convicted of any. A felony will remain on your records forever unless you take action. document.attachEvent('on' + evt, handler); } "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "https://www.google.com/maps?cid=8108626517931080920", Hearings take place in the same order they were filed, and the next step is to initiate the hearing process. If the employer doesnt run a background check, they will probably never find out about the conviction. "94555", Expungement is available to you if you were convicted of either "email": "louis@louisgoodman.com" }, These include: Failure to stop and comply with a vehicle inspection when }], "logo": { You can truthfully answer No if an employer or creditor asks you if youve ever been convicted of a crime. What is the difference between expungement and sealing/destroying records? "name": "Piedmont", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "94617", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ Q. serving a sentence for a criminal offense. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "addressCountry": "US" "@id": "#duioakland", "https://www.wikidata.org/wiki/Q758225", "address": { An expungement motion or application, as opposed to an automatic expungement, must be filed to clear a conviction on any assaultive crime, a serious "https://www.wikidata.org/wiki/Q758225", ] } "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", ], Very helpful with any questions and concerns and I can't thank them enough for the experience I had. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", ]} "makesOffer": [{ He handles all major felonies and federal offenses. "94804", Who can access my criminal record after I get an expungement? "containsPlace":[{ Can I be denied a job because of an expunged conviction? Their team of professionals worked tirelessly to help me navigate the complicated process of expungement and finally get my record cleared. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", Once the D.A. padding: 0; "94580", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" }], } "hasMap": "https://www.google.com/maps?cid=8108626517931080920", text-decoration: none; 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. NRS 179.245, which allows expungement for all felonies except for the shortlist of offenses in 179.245(1) and (6). "https://www.google.com/search?q=Domestic+violence&kponly&kgmid=%2Fm%2F02gr_", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ WebFurthermore, will a juvenile felony appear in a background check? "@context": "https://schema.org", You were convicted in California state court, not federal court. "@context": "https://schema.org", "https://usattorneys.com/law-firm/louis-j-goodman/" WebUnder Californias felon with a firearm law (Penal Code 29800 PC), expungement will not restore your right to own or possess a firearm. WebAs someone who struggled with a criminal record for years, I cannot recommend this expungement service highly enough. WebWhat felonies Cannot be expunged in California? "94705", Please note: Our firm only handles criminal and DUI cases, and only in California. "https://www.wikidata.org/wiki/Q40348", The procedure will take from 10 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is. "geo": { "geo": { transform:scale(1.11); height: 740px; CRS 24-72-704 to 24-72-70, which only allows certain felony offenses involving drugs to be expunged. A. }, "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", With over 30+ Years of Experience, Louis J. Goodman can help you! "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] background: #fcb900; California Welfare and Institutions Code 781 Sealing juvenile records. These states include: In the states that are the most generous with expungement, there are still some felonies that cannot be sealed. "@type": "ImageObject", You must have been granted probation and NOT sent to state prison. Marshall Hammons / Louis Goodman Transcript, 1290 B Street Suite 307 Hayward, CA 94541. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "City", text-decoration: line-through; Had two felonies reduced via 17b and then expunged. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" })(window,document,'script','dataLayer','GTM-N2ZM6XQ'); "@type": "City", "address": { "https://en.wikipedia.org/wiki/Attorney_at_law" "94540", 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. width: 50%; "contactPoint": { Sealing a California juvenile court record provides you with the same benefits as sealing an adult record. .logo-directions { "https://www.wikidata.org/wiki/Q5290215", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "contactType": "Customer Service", ]}, "94613", If applying for a government job, you must still admit your conviction if asked whether you have ever been convicted. wfscr.src = url + '&r=' + Math.random(); } Criminal records are public records. So anyone can access a criminal record even after a PC 1203.4 expungement unless the record is sealed. 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. "email": "louis@louisgoodman.com", "https://www.google.com/maps?cid=8108626517931080920", "@type": "LegalService", "94706", "opens": "Mo,Tu,We,Th,Fr 10:00" "contactType": "Customer Service", "contactPoint": { He handles all major felonies and federal offenses. Dismissal of an offense offers a fresh start from an otherwisecriminal past. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "brand": {"@id":"#organization"}, `` +15105829090 '', Please note: our firm only handles criminal DUI. Wfscr.Src = url + ' & r= ' + Math.random ( ) ; } criminal records are records. 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