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53 years ago I served time (90 days county jail)

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for Assault With A Deadly...
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: 3 years ago.Category: Criminal Law
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6/29/2015
Criminal Lawyer: Delta-Lawyer, Lawyer replied 3 years ago
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3,546
Experience: Over A Decade Of Criminal Law Experience
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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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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