} "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. ]}, "94557", "name": "Law Office of Louis J Goodman", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", { } "slogan": "If you are arrested for a DUI in the Fremont area, you need to get an attorney, fast! ", In deciding whether to grant expungement despite your probation violation, the court will consider factors such as: The court retains full discretion to find that your probation violation disqualifies you from obtaining an expungement of your conviction. Shouse Law Group has wonderful customer service. These include: In still other states, though, most felonies can be expunged. "postalCode": "94541", , "contactType": "Customer Service", In California, a first-time driving under the influence (DUI) is a misdemeanor offense. In the state of California, expungement essentially reopens your criminal conviction and changes its status to a dismissal. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "foundingLocation": "Hayward, California, United States", Will expunging my record help me obtain a state license? Please complete the form below and we will contact you momentarily. It may help you with some job licenses and certificates. It can also relieve you of some of the consequences of a conviction. margin-left:0 !important; ]} Many times, yes. {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ Every crime in California is defined by a specific code section. ", "@type": "PostalAddress", Q. "94703", "geo": { "url": "https://www.louisgoodman.com/dui-attorney/alameda", { }, Our attorneys explain the law, penalties and best defense strategies for every major crime in California. -ms-transition: all 0.2s; California Penal Code 4852.17 PC Report of certificate of rehabilitation or pardon; rights restored by pardon; exceptions. } early termination of probation (which must be granted by a court). Once your charge has been reduced to a misdemeanor, you need to file for a Petition to Dismiss a Misdemeanor, PC 1203.4. Many California state licensing authorities requireexpungement of a conviction under Penal Code 1203.4 PCbefore they will issue a license. WebArrest with no conviction. "sameAs": [ "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "contactPoint": { footer#colophon { There is no jury. } "telephone": "+15105829090", ], 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. }], }, {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ Hearings take place in the same order they were filed, and the next step is to initiate the hearing process. Expungement does not mean that all records of your case are deleted or destroyed. "@type": "GeoShape", "94608", by a probation officer authorized in writing. "@type": "City", "@type": "openingHoursSpecification", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", California Evidence Code 788 Prior felony conviction. { "94602", An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. But even if an employer does conduct a background check, it will show if a conviction was expunged. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "@type": "Offer", He handles all major felonies and federal offenses. But there is an exception if you would have served your sentence in county jail if you had committed the crime after realignment. (For more information, please see the discussion on Penal Code 1203.42 in Section 1.4, below).5. "94539", } "streetAddress": "1290 B St Suite 307", But then information companies began indexing criminal court records into vast national databases that could be searched by name and date of birth. App. ]}, "https://en.wikipedia.org/wiki/Attorney_at_law" }, "https://www.google.com/maps?cid=8108626517931080920", "https://usattorneys.com/law-firm/louis-j-goodman/" It does not erase your record. You can truthfully answer No if an employer or creditor asks you if youve ever been convicted of a crime. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ }, display: inline; "@type": "openingHoursSpecification", "https://www.wikidata.org/wiki/Q758225", You cannot expunge some sex crime convictions involving a child or a minor in the state of This is because in order to seal a record the judge must declare you factually innocent. transition: all 0.2s; ] "@id":"#logo", WebFelony expungement denials go to the Michigan Court of Appeals. }, San Bernardino Countycharges a $270 filing fee. ", there is no pending civil litigation based on the juvenile incident. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" ", "addressCountry": "US" "url": ["https://www.google.com/maps/place/Dublin,+CA+94568,+USA/","https://en.wikipedia.org/wiki/Dublin,_California"] max-width: 1140px; "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" jQuery(function($){ "94620", "url": ["https://www.google.com/maps/place/Dublin,+CA+94568,+USA/","https://en.wikipedia.org/wiki/Dublin,_California"] "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", -moz-transition: all 0.2s; "contactType": "Customer Service", 2d Dist. "name": "Law Office of Louis J Goodman", ]} ]}, "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", ", An expungement can restore student loan eligibility after a drug conviction. "https://www.wikidata.org/wiki/Q40348", Note, however, that expungement will not affect penalties that may have been assessed to your driving privileges in California. How long does a felony show up on a background check? sealing of records after plea withdrawal and case dismissal. "geo": { "areaServed": [{"@type": "AdministrativeArea", Q. I am required to register as a sex offender pursuant to California Penal Code 290 PC. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "https://en.wikipedia.org/wiki/Driving_under_the_influence" "94710", ]}, } Had two felonies reduced via 17b and then expunged. Q. ] "https://www.wikidata.org/wiki/Q40348", "geo": { { "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" }]}], "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", document.detachEvent('on' + evt, handler); California Penal Code 1203.4 PC California expungement law. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "94560" Timely filing paperwork is critical. Santa Clara, and surrounding communities. height: 40px; "https://en.wikipedia.org/wiki/Attorney_at_law" If your felony is eligible for an expungement, a judge will most likely grant reduction relief. "address": { With over 30+ Years of Experience, Louis J. Goodman can help you! "name": "San Leandro", Webexpungement petition, cannot be the one to serve the D.A. "postalCode": "94541", ] WebGetting your DUI expunged means getting it removed from most public records. Sent orders to fbi and doj, contested my record and it was updated. Yes, I just went through this. For example, you must provide the prosecutor with at least 15 days notice prior to the hearing. "postalcode": [ You were found not guilty after a California jury trial. serving a sentence for a criminal offense. {"@type": "Thing", "name": "Attorney", "sameAs" : [ The price is the same. See also. A. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "94611", "https://en.wikipedia.org/wiki/Driving_under_the_influence" Now we have discussed how long does a felony stay on your record in California, what expungement is, and whether you may be eligible, youre ready to begin the process of filing to expunge the felony charge from your criminal history. "@type": "GeoShape", /* "brand": {"@id":"#organization"}, }, "parentOrganization":{"@id": "#organization"}, "94705", 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. "addressCountry": "US" An expungement hearing usually takes about 10 minutes, and it takes place before a judge with no jury. (The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing.), See same. .text-center .social-network a.icoGoogle:hover { These records are: Convictions are the type of records that are the least likely to be sealed. "@id":"#berkeleyarea", "email": "louis@louisgoodman.com", Unfortunately, Californians convicted of felonies are often stigmatized in many aspects of their lives. "94544", "address": { "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" ]}, "name": "Hayward", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", color: #fff; What is a Certificate of Rehabilitation? Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. "@id":"#logo", "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" Many juvenile records show up on background checks.There are exceptions, though if the records have been sealed or expunged, they won't show up.Expunging or sealing a juvenile record is incredibly important. Only the most severe offenses are ineligible. } {"@type": "Thing", "name": "Domestic violence", "sameAs" : [ WebThe Court Cannot Expunge Some Sex Crime Convictions in California. ]}, top: -3px; 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.). "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "94606", "https://www.google.com/maps?cid=8108626517931080920", "94605", You will be disqualified from holding a HazMat endorsement on a CDL if you are wanted or under indictment in any civilian or military jurisdiction for a felony listed as temporary or permanent until the want or warrant is released. "url": "https://www.louisgoodman.com/dui-attorney/san-leandro", margin:0; ]}, You do not have an outstanding court order or associated fines. These include: Failure to stop and comply with a vehicle inspection when .broken_link, a.broken_link.elementor-button { "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", }], "name": "Law Office of Louis J Goodman", -moz-border-radius:50%; .elementor-shortcode .profile-image .profile-img{ "@type": "City", "@type": "PostalAddress", "parentOrganization":{"@id": "#organization"}, ", "https://www.wikidata.org/wiki/Q512345", "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "@type": "Offer", "closes": "Mo,Tu,We,Th,Fr 17:00", Whether you have to appear at your expungement hearing depends on the case. ", "@type": "ContactPoint", "94710", Contact his office today to schedule a consultation to discuss your situation. "containsPlace":[{ "94707", "@context": "https://schema.org", "offeredBy": {"@id": "#organization"} "hasMap": "https://www.google.com/maps?cid=8108626517931080920", ", "@id": "#duipiedmont", "94588", for (var i = 0; i < evts.length; i++) { A Certificate of Rehabilitation (COR) is a court order stating you have been rehabilitated from your criminal past.24, You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted.25. Which Felonies Cannot be Expunged in California? margin: 0 5px; "@type": "City", background-color: #5a5267; "https://en.wikipedia.org/wiki/Driving_under_the_influence" The judge may weigh the following factors when considering a PC 17(b) petition: Your felony expungement is completely at the judge or district attorneys discretion, so always be composed, respectful, and polite in any legal setting. "94708", "contactType": "Customer Service", "94704", In this case, the felony conviction may also be one strike in Californias three-strikes law. font-size:15px; 3d 678, Garcia-Brower v. Premier Automotive Imports of CA, LLC (Cal. You should contact the appropriate licensing agency about their policy. "url": ["https://www.google.com/maps/place/Piedmont,+CA,+USA/","https://en.wikipedia.org/wiki/Piedmont,_California"] Expungement is available to you if you were convicted of either California misdemeanorsorfeloniesprovided that: Note that the California Department of Justice reviewed and sealed all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. "postalcode": [ }], There are number of circumstances in which you may be eligible to expunge a felony in California. The Law Office of Louis J. Goodman offers free consultations. "https://www.google.com/maps?cid=8108626517931080920", "@type": "LegalService", footer nav.subnav.responsiveSelectContainer {display:none;} "https://www.facebook.com/Louis-J-Goodman-493758850690960/", width:50% A felony will remain on your records forever unless you take action. These states include: In the states that are the most generous with expungement, there are still some felonies that cannot be sealed. You are not currently facing any criminal charges or serving a sentence for a criminal conviction. margin-top: 5px; }, "94712", "openingHoursSpecification": { But certain felonies are almost never eligible for expungement. "94501", "94602", People v. E.B. "url":"https://www.louisgoodman.com/dui-attorney/#dui", -moz-transition: all 0.8s; If it is not, you can draft a copy with the help of your lawyer. "@type": "LegalService", float: left; "https://www.facebook.com/Louis-J-Goodman-493758850690960/", .n-lecom1 { "@context": "https://schema.org", "name": "Law Office of Louis J Goodman", has been A. text-align: center; WebDismissal in California If You Were Convicted of a Crime You were convicted of a misdemeanor or felony and sentenced to probation. You must meet the following three requirements in order to be eligible for a petition: If your felony meets all of the requirements listed above, a judge may grant a PC 17(b) petition to reduce your felony. Call Louis J. Goodman today for a free consultation regarding your case and secure the best chance of protecting your future. } Be prepared to defend your objectives, and provide all supporting documentation and a written statement to the courts. In fact, they arent even legally allowed to inquire about them.26, A. "opens": "Mo,Tu,We,Th,Fr 10:00" "areaServed": [{"@type": "AdministrativeArea", "email": "louis@louisgoodman.com", WebIt is a common misconception that felony cases cannot be expunged; this is incorrect- if a felony conviction resulted in successful probation (not an actual prison sentence) the '&l='+l:'';j.async=true;j.src= "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", According to recent studies, judges refuse to grant expungement motions for reasons that are inconsistent with the law. "priceRange": "$", "@id":"#emeryvillearea", .text-center .social-network a.icoGoogle:hover i,.text-center .social-network a.icoVimeo:hover i,.text-center .social-network a.icoLinkedin:hover i { } "https://www.wikidata.org/wiki/Q329525", It may be a little easier to explain the convictions that cannot be expunged first. You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011s Proposition 47 Realignment legislation. "https://www.wikidata.org/wiki/Q250062", As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you: If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below). "https://www.wikidata.org/wiki/Q250062", This process should have been done by July 1, 2020. Criminal records are public records. So anyone can access a criminal record even after a PC 1203.4 expungement unless the record is sealed. The Court will hear your case in the order in which it receives your completed paperwork. An expungement (under California Penal Code 1203.4)allows you to withdraw a pleaof guilty orno contest, to re-enter a plea of not guilty, and to have the case dismissed. A. li.page_item.page-item-2968 { He handles all major felonies and federal offenses. "closes": "Mo,Tu,We,Th,Fr 17:00", ]}, "@type": "openingHoursSpecification", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Also note that you must fill out one form for each conviction to be expunged. } Does it cost more to have my felony reduced BEFORE expungement? "name": "DUI Services", "https://www.wikidata.org/wiki/Q250062", } } } App. background-color: #F56505; "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", Commutation of a California prison sentence, 1. Can I get an expungementif I violated (or didnt satisfy) my probation? At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. }, for (var i = 0; i < evts.length; i++) { According to recent studies, judges refuse to grant expungement motions for reasons that are inconsistent with the law. Easier to obtain a state professional license; Expunged convictions cant be used to impeach your credibility as a witness in court (unless you are the defendant being prosecuted in the subsequent case); overturn a drivers license suspension or revocation, ACalifornia Certificate of Rehabilitation, and/or. "94624", "name": "DUI Services", 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. "name": "Hayward", "https://www.wikidata.org/wiki/Q40348", What is the difference between expungement and sealing/destroying records? "https://en.wikipedia.org/wiki/Attorney_at_law" "parentOrganization":{"@id": "#organization"}, WebCookie Settings. "@type": "PostalAddress", if (window.addEventListener) { 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. In cases where you are actively seeking employment, we can seek to expedite the process. } Our Alameda County criminal defense attorney, Louis J. Goodmancan help with a free consultation for a variety of criminal offenses. .author-social-channel ul li { Glenn Kim / Louis Goodman Transcript, Megan Wachspress / Louis Goodman Transcript. }, 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. "94536",

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