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MIAMILAW1127
MIAMILAW1127, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 743
Experience:  Founding Partner at Moises Law, P.A.
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My husband had an arrest and nolo contendre involving a

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My husband had an arrest and nolo contendre involving a Budget Car Rental kept too long 15 years ago when he rented for a friend and unbeknownst to my husband the friend delayed returning the car! Without counsel he elected to plead “nolo contender” for a vehicle code involving “consent of the owner of a vehicle” given the fact incident involved a contract with Budget car rental. On 09/09/02 in addition to the nolo contender plea, he was also ordered to pay restitution of $100.00. He paid the restitution the same day, (09/09/02). If the judge ordered: for the file to be destroyed by 05/08/2005, how can the file be destroyed for the purpose of employment? Does California have a true "expungement law", can you site the rule so I can provide to an employer. The court further ordered that the prior “plea, verdict, or finding of guilt of the original incident be set aside and vacated and a plea of not guilty be entered.”
Submitted: 9 months ago.
Category: Criminal Law
Expert:  MIAMILAW1127 replied 9 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

The short answer is yes. You can still complete an expungement of the criminal record.

The court file is destroyed because the courts are only obligated to maintain the record for a specified period of time.

The process for an expungement of a record in California can be found here: http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

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