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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23567
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My wife was convicted of Burglary in 2002 then again in

Customer Question

My wife was convicted of Burglary in 2002 then again in 2003. In 2003 she was given a felony sentence and served one year prison time plus she had some probation time. It has been 12 years and she has not even had a traffic ticket. Can she get this expunged? It is extremely difficult to get a job.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

In California, your wife appears to be eligible to have her felony burglary reduced to a misdemeanor after which she could petition for an expungement.

California makes it fairly easy and convenient for someone to expunge her criminal record. It even provides its own self-help center and if you navigate it -- it's a little tricky -- it will walk your wife through the whole set-aside process from assessing her eligibility (she should be eligible), through the expungement itself. All of the forms are there and can be downloaded right from the state site.

When you use the self-help link and get to the home page, click on "Criminal Law" from the column on the left. Then click on "Cleaning your Criminal Record," scroll down towards the bottom of the page to the links and expand them so that you can see all of the steps. Here's the site.

http://www.courts.ca.gov/1070.htm

She will need to order her criminal history. She would contact the California Department of Justice for that. It is free to petition for this and does not require a lawyer.

I wish your wife good luck.