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Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1346
Experience:  I have multiple years experience prosecuting and defending clients.
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I got a 5150 a year ago. A judge ruled in my favor as it relates

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I got a 5150 a year ago. A judge ruled in my favor as it relates to the prohibition of firearms yesterday. The judge told me if I could find code or authority that allows him to dismiss, expung, and/or seal the file on the 5150 he would. What code allows a judge to do that in California?

meigs004 :

So the judge ruled to give you your firearm rights, but wants you to find california law that provides for expugment and/or sealing of your criminal record?

Customer:

Yes, that is correct.

meigs004 :

Give me just a moment to finish with another customer.

meigs004 :

Also, I will have to research your issue for just a moment.

Customer:

Will do thanks

meigs004 :

California Penal Code 1203.4 PC provides that once an individual's criminal record is expunged, the person is released from "all penalties and disabilities" arising out of the conviction.2

meigs004 :

Give me a minute to find the expungement law.

Customer:

The judge and DA said it's not a criminal record so they were at a loss at what to do.

meigs004 :

Is this a involuntary psychiatric hold? The 5150?

meigs004 :

Were you admitted to a state institution?

Customer:

Yes to all except it was a private institution.

meigs004 :

Ok. I have run across this question before. It is an interesting and unique question in that the commitment is a civil action, and if no crime was associated with it then it defies the normal application of expungement.

meigs004 :

However, from my research, I have found that expungement can even relieve civil commitments if the individual petitions the court for such a relief.

Customer:

Exactly

meigs004 :

Give me a minute to do some research.

Customer:

Is there a code I can use?

Customer:

OK

meigs004 :

 


1203.4. (a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation
, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted

meigs004 :

California Penal Code 1203.4(a)-specifically the section, that states the court in its discretion and the interest of justice etc...

Customer:

We talked about this code in chambers an they said it for criminal cases only.

meigs004 :

Let me look and see if there is a civil expungement.

meigs004 :

Have you consulted an expungement firm in your jurisdiction.

Customer:

No I haven't. I have been researching it first.

Customer:

I will talk to an atty here next.

meigs004 :

Great. Give me just a moment. As I said, this is a unique question to research and the law is not exactly clear and most definitely may not be codified.

meigs004 :

I am still searching for you, thanks for being patient.

Customer:

Thanks for searching.

meigs004 :

You are welcome, I am actually intrigued by this issue, as it comes up alot, so finding an answer would be beneficial if there is one to fine.

meigs004 :

find*

meigs004 :

Additionally, an expungement is a civil action to erase criminal convictions.

meigs004 :

Therefore the laws I have found only describe it as a civil action, not erasing civil actions.

Customer:

I don't understand the last sentence.

meigs004 :

I am sorry to tell you that I have combed the entire California Code and I can not find a codified section for civil expungement. However, in my research of other jurisdictions I have found that expungement attorney's have filed cases where the individual was looking to expunge a civil commitment and had it removed.

meigs004 :

The process of an expungement is a civil action, it is not criminal.

meigs004 :

It is done in civil court i mean, not in the criminal courts.

Customer:

But I was in criminal court for the lifting of the prohibition of firearms, which was civil too.

meigs004 :

The prohibition was put in place not because of a criminal conviction but just because you were committed to a private health institution correcrt?

meigs004 :

correct*

Customer:

Yes.

meigs004 :

Ok. Well I am sorry to say I can not find one, and I do not have access to California databases on civil expungement. However, if you do consult with an expungement/sealing firm, they will provide you with the information that you need if it is possible.

Customer:

In all reality the FBI and NCIC already have the info on me so whatever a CA judge does won't change that. So I guess whats the point of going further.

Customer:

Thanks for your help. I will consult and atty here.

meigs004 :

Great, sorry I could not help further. Please click the accept button so I can be credited for my time and research.

Customer:

Will do have a great night.

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