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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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53 years ago I served time (90 days county jail)

Customer Question

53 years ago I served time (90 days county jail) for Assault With A Deadly Weapon in California. Since then I haven't even gotten a traffic ticket. Is there a simple way I can get that record expunged - removed - gone?
Dave Case
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.
Possibly. I hope that this message finds you well, present circumstances excluded. The fact that you served times indicates that you have been convicted of that crime. As such, the conviction complicates matters. By California law, if you served time in the California State Prison System, as opposed to a county prison system, you are not eligible for expungement. If you only served time in the county system, (as you have stated) then you are eligible. You have to file a petition in the court of conviction to have the record expunged. Your clean record coupled with the length of time since the conviction certainly makes you a great candidate for the expungement order. You can file a petition to get two bites at the apple as well. File a Petition to Expunge Criminal Record, Or In the Alternative, To Seal The Record. That way, if for whatever reason the judge does not expunge your record, you can at least have the record sealed, which has a very similar effect. Once you have the record expunged or sealed, it is important to make sure that the court forwards the order to the California Criminal Information Center so that it will be uploaded to the National Criminal Information Center database (FBI database). Like most legal things, there is no simple way - relatively speaking. I highly recommend hiring an attorney that frequently practices in the court of conviction to file this petition for you. View the hiring of the attorney as an insurance policy for you to make sure it happens. Let me know if you have any other questions or comments. Please also rate my answer positively. Best wishes going forward!

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