It does not erase your record. "94611", "94624", sealing of records after plea withdrawal and case dismissal. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. background-color:#3B5998; "@id":"#logo", If you did not receive probation, it has been at {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ In California, the only felonies that qualify for expungement are those that could have been charged as a misdemeanor, often called wobbler charges. "94611", "openingHoursSpecification": { color:#fff; "makesOffer": [{ All felony crimes will be visible on your record for those performing background checks to access unless you take action to have it removed. This makes you eligible for permanent residency and ultimately U.S. citizenship. "addressCountry": "US" "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", }], padding: 3px 10px; At ExpungeAmerica, we are confident that we will clear your record. "email": "louis@louisgoodman.com", "containsPlace":[{ Once your paperwork is complete, you can file your petition and documentation with the courthouse at which you were convicted. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Q. In an "@type": "openingHoursSpecification", "@type": "PostalAddress", "geo": { For instance, an expunged DUI conviction still counts as a prior if you are later arrested for another DUI. If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. "streetAddress": "1290 B St Suite 307", However, there are a few exceptions where even a first time DUI may be charged as a felony. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", } "https://en.wikipedia.org/wiki/Attorney" {"@type": "Thing", "name": "Misdemeanor", "sameAs" : [ -ms--transform: rotate(360deg); .broken_link, a.broken_link.elementor-button { "94701", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "94501", ", The expunged conviction can still be used as a prior conviction to increase your sentence if you are charged with a different crime in the future. Being represented by a lawyer will lead you to a greater chance of success. additional steps may be necessary to remove third-party records. "url": "https://www.louisgoodman.com/dui-attorney/fremont", "https://en.wikipedia.org/wiki/Attorney" As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "@id": "#organization", Suite 1225 "94608", "closes": "Mo,Tu,We,Th,Fr 17:00", "slogan": "If you are arrested for a DUI in the Berkeley area, you need to get an attorney, fast! You were convicted in California state court, not federal court. /* If it is not, you can draft a copy with the help of your lawyer. Hearings take place in the same order they were filed, and the next step is to initiate the hearing process. "@id":"#logo", "94649", Definitely recommend! "94710", "postalCode": "94541", 1.1. Who is eligible to get a California expungement? "geo": { This will tell the potential employer that a California court has said you are ready to make a fresh start. ], "makesOffer": [{ A criminal defense attorney knows which forms to use for each situation. You may petition for a dismissal if you were convicted of a misdemeanor or felony, were sentenced to probation, and have satisfied all the conditions of your sentence. $("body").addClass("stickyHeader"); "@type": "City", "addressRegion": "California", "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. li.page_item.page-item-40.current_page_item { "@id":"#logo", }, Does it cost more to have my felony reduced BEFORE expungement? At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "name": "DUI Services", ]}, "@type": "PostalAddress", "knowsAbout":[ "closes": "Mo,Tu,We,Th,Fr 17:00", "94619", What Is The Average Cost Of A DUI Attorney? "name": "Law Office of Louis J Goodman", "makesOffer": [{ 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. .n-lecom img { Generally, we can have a PC 1203.4 petition filed and heard within one to two months. ", Once you have made the necessary changes and six months have passed since your petition was rejected, you can file with the courts again. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", Firearm rights restored. "94604", What are my options for sealing and destroying my California arrest records after I get an expungement? "parentOrganization":{"@id": "#organization"}, {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "https://www.wikidata.org/wiki/Q329525", "@type": "LegalService", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", ", California Welfare and Institutions Code 781 Sealing juvenile records. The first action is to speak with your attorney about getting your records expunged. width: 100%; "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. Criminal records are maintained indefinitely even if a conviction was expunged under Penal Code 1203.4 PC. For example, an expungement will not: Expunged convictions may also still be used as prior convictions to enhance sentencing. "94666", It can jeopardize your employment prospects for years to come, and impact your ability to secure the housing opportunities you desire since landlords and employers will have access to view your criminal record. Attorneys can also help you understand the process as you move through it by interpreting legal jargon and assisting with complex legal forms. "addressRegion": "California", -webkit-border-radius:50%; "name": "DUI Services", 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "logo": { ]}, "offeredBy": {"@id": "#organization"} ]} }; "https://www.wikidata.org/wiki/Q250062", "openingHoursSpecification": { "https://en.wikipedia.org/wiki/Attorney" "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "parentOrganization":{"@id": "#organization"}, "address": { For example, if your gun rights were revoked following the offense, an expunged record will not restore these rights. "94617", .text-center .social-network a.icoFacebook:hover { "brand": {"@id":"#organization"}, }, "addressLocality": "Hayward", ] On the other hand, a wobbler is a crime that may be charged as a felony or a misdemeanor, depending on the facts in the case, any aggravating factors that are present, and the defendants criminal history. "@id":"#logo", "openingHoursSpecification": { With over 30+ Years of Experience, Louis J. Goodman can help you! Yes, I just went through this. "94606", }, ]}, He handles all major felonies and federal offenses. WebWhat felonies Cannot be expunged in California? } "94557", padding: 0px; }, {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ In California, job applicants are not required to disclose their criminal conviction history when applying for a job, though the question almost always arises at some stage in the hiring process. { }, "https://en.wikipedia.org/wiki/Attorney_at_law" "https://en.wikipedia.org/wiki/Driving_under_the_influence" {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "@type": "City", "https://www.wikidata.org/wiki/Q16833741", there is no pending civil litigation based on the juvenile incident. "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. "@type": "ImageObject", Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: For most other crimes, you are eligible to request that the court expunge your record. 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. "@type": "PostalAddress", He handles all major felonies and federal offenses. "addressLocality": "Hayward", }, "@id": "#duinewark", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "addressLocality": "Hayward", As a result, you may need to speak with our team about alternative avenues for relief beyond expungement if your criminal record required you to serve time in state prison. She is a straight shooter and a smart cookie who understand the criminal justice system and may be able to get your sentence reduced. background-color:#BD3518; "@type": "Offer", "@id":"#logo", { "name": "Oakland", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "94624", But this can vary depending on the county in which you reside. In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. For example,Los Angeles Countydoesnt charge a filing fee per se, but will charge a maximum of $120 once the court rules onthe motion. "94606" }, background-color:#0590B8; "brand": {"@id":"#organization"}, "https://usattorneys.com/law-firm/louis-j-goodman/" footer nav.subnav.responsiveSelectContainer {display:none;} {"@id": "#duifremont"}, "addressLocality": "Hayward", y=l.getElementsByTagName(r)[0];y.parentNode.insertBefore(t,y); ]}, if (window.wfLogHumanRan) { return; } document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 7755 Center Ave. The Law Office of Louis J. Goodman offers free consultations. "https://en.wikipedia.org/wiki/Attorney_at_law" left: 20px; Q. width: 40px; {"@type": "Thing", "name": "Attorney", "sameAs" : [ Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. App. ]} 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. }, After reducing the felony to a misdemeanor, you may be eligible to petition for a complete expungement under Penal Code section 1203.4. } 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. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", An expungement motion or application, as opposed to an automatic expungement, must be filed to clear a conviction on any assaultive crime, a serious An expungement may be available if you did not get sentenced to prison. ]}, 3d 570, You have successfully completed probation for the offense, and, Did not serve time in state prison for the criminal case, or, Served time in state prison, but would have served it in the county jail had the crime been committed after implementation of. He handles all major felonies and federal offenses. "address": { "@type": "openingHoursSpecification", charged with the commission of any crime. Example, an expungement will not: expunged convictions may also still used... Discover, Cash, Debit '', Q [ { what felonies cannot be expunged in california criminal attorney... Forms to use for each situation, Discover, Cash, Debit '' sealing. 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