September 24, 2023


Advocacy. Mediation. Success.

The Expungement Approach

An expungement is the course of action wherein specified convictions are eradicated from general public records. The aid is only afforded to those individuals convicted of misdemeanors. In order to qualify for an expungement, the individual would have accomplished his or her probation with no incident, and will have to have complied with all situations of the court. Searching for an expungement of a conviction when a new situation has been picked up or there has been a violation of probation, will most likely be opposed by the prosecution.

There are particular felonies that may qualify for an expungement. If you have been convicted of a felony that is a “wobbler” then you could be eligible for said relief. A “wobbler” is that statute in the penal code that may perhaps be both filed as a misdemeanor or a felony. The language is current in the statute, and would comprise wording reflecting the following: “punishment by imprisonment in the county jail, or in the point out jail.”

If you have been convicted of a felony identified as a “wobbler,” then a motion would have to be manufactured in court docket to have the courtroom reduce the charge to a misdemeanor. After the court docket cuts down the conviction to a misdemeanor then the conviction may perhaps be expunged.

You should be aware that the restriction to lessening felonies to misdemeanors is minimal to people circumstances the place the particular person has not been sentenced to point out jail. There is no relief afforded to all those persons convicted of felonies and sentenced to state jail.

Finally, please know that even although an expungement has been granted, legislation enforcement and immigration will even now have accessibility to you legal heritage.