What Is An Expungement ?
California law provides for the expungement of certain criminal convictions. California Penal Code § 1203.4 permits an individual, with court permission, to withdraw his or her plea of guilty or plea of nolo contendere and thereafter enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant.
A criminal defense attorney familiar with expungements will know what
court documents to file to ensure that you have the best possible chance of
getting your expungement granted. If you need to have your record expunged
contact Grass Valley attorney Jacob D. Zamora of the Sierra Law Center,
APC. Mr. Zamora has handled numerous expungements and he can make
sure that all court documents are filed and that all parties are properly
notified.
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How Long Will It Take To Get My Conviction Expunged ?
There is nothing in the law that requires the court to decide an expungement in a specific time frame. However, in most cases, depending on court congestion, an expungement can be finalized in about sixty days.
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I Was Sent To State Prison - Am I Eligible For An Expungement ?
No. However, an individual may be eligible for a certificate of rehabilitation and/or pardon. There are specific requirements, including certain time lines, that affect eligibility for a certificate of rehabilitation. An attorney who has handled expungements and certificates of rehabilitation can advise you if these options are available in your situation.Only a criminal defense attorney who is familiar with the expungement
process can properly advise you on the specifics of your case. Grass
Valley Attorney Jacob D. Zamora, managing attorney with the Sierra
Law Center, APC is well versed in the expungement process in Nevada County
and surrounding counties.
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I Am Still On Probation - Am I Eligible For An Expungement ?
Maybe. California Penal Code Section 1203.3(a) allows the court to terminate probation early. The code states in relevant part that "The court . . . may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held . . ."
Contact Grass Valley Attorney Jacob D. Zamora, to find out if you are eligible to have your probation terminated early. One basic requirement for an early termination of probation is that all court ordered fines and fees are paid in full. Additional requirements must be met and only an attorney familiar with probation and the early termination of probation can correctly evaluate your situation. Grass Valley attorney Jacob D. Zamora is happy to answer your expungement questions.
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I Was Convicted Of A Felony - Is There Any Way To Have My Felony Reduced To A Misdemeanor ?
Yes. If you were convicted of a wobbler, then you may be eligible to have your felony conviction reduced to a misdemeanor. A wobbler is a crime that can be charged as either a felony or a misdemeanor. California Penal Code § 17(b) provides the mechanisim for reducing a felony to a misdemeanor. The code also defines or describes a wobbler.
To find out if you are eligible to have your felony conviction reduced to a misdemeanor, contact the Sierra Law Center, APC for a free consultation and case evaluation.
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After An Expungement Will My Conviction Be Completely Erased ?
No. A conviction will not be completely removed from your criminal history. After the expungement is granted your criminal history will show the conviction, but will also show a dismissal pursuant to California Penal Code § 1203.4.Back to Top
After An Expungement Will I Be Able To Own A Gun ?
The general rule is No. Under California law, a person convicted of a felony can never again own, possess, have custody or control of a firearm, parts of a firearm or ammunition. An expungement will not change this fact.However, it may be possible to have your felony conviction reduced to a misdemeanor, then expunged, which in some cases would restore your right to own a firearm. There are exceptions, including a misdemeanor domestic violence conviction.
Because firearm possession is goverened by both federal and state law, only an experienced expungement attorney can advise you what affect an expungement will have on your ability to own or possess a firearm. Contact Grass Valley Attorney Jacob D. Zamora, to see how an expungement may affect your gun rights.
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I Was Granted An Expungement - Do I Still Have A Strike Conviction ?
Yes. An expungement will not relieve you from the disability of a prior strike conviction. In reality, an expungement does not provide much legal benefit. An expungement may be recognized by private and government employers for employment purposes.An expungement is a prerequisite to a certificate of rehabilitation and the certificate of rehabilitation is a prerequisite to obtaining a pardon. A pardon is extremely difficult to obtain. However, if you are lucky enough to obtain a pardon for the strike conviction you will be legally relieved from the disabilities of the strike conviction.
Contact Grass Valley Expungement Attorney Jacob Zamora to discuss whether you can benefit from an expungement.