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Do any of the Legal Zoom attnys deal with questions that…

Do any of the...

Do any of the Legal Zoom attnys deal with questions that fall into criminal law area?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No, that's not it. A number of yrs ago I was convicted of a "low level" felony - served 2 or 3 months in a sheriffs work furlough program. Would like to look into having the felony removed, expunged or whatever the correct term might be and the approx. $ cost.

Lawyer's Assistant: In what state did this occur?

California, Sacramento

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that pretty much covers it.

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Answered in 10 hours by:
4/12/2018
Van
Van, Retired Judge
Category: Criminal Law
Satisfied Customers: 99
Experience: Criminal Court Judge
Verified

Hi my name is ***** ***** I believe that I can assist you. In order to answer your question I need to know if you were placed on probation or if you were sentenced to jail time.

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Customer reply replied 4 months ago
I assume that I did "jail" time but it was a work furlough thing which lasted for, I think 3 months.
I was confined to a specific location in Sacramento overseen by Sac. Sheriff deputies but I was allowed to go to work every day. This was not "jail" in the normal sense, not cells, bars or that type of thing, just a large building which housed a fairly large # of people which all went to work during the day and reported back at end of day.
If you are a Sacramento based, criminal attny I would assume u r familiar with such.
Where are u located (city) and what is your length of experience? And do u have experience in accomplishing what I want?

I asked you whether you were placed on probation or if you served jail time because in California, as in most states, only a criminal conviction with a sentence of probation can be expunged from your record. However, there is one exception to the rule, that you may qualify for, to allow an expungement of your conviction. I will post the rule shortly. As for my qualifications, I am a retired criminal court judge that has granted thousands of expungements. Unfortunately, I am not located in the California area so I can not handle your case.

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This is the general rule in California:

As a basic rule, you're entitled to expunge your criminal records in California under Penal Code 1203.4 PC if you were convicted of a misdemeanor or felony offense, and you

  1. successfully completed probation (either felony probation or misdemeanor probation), and
  2. are not currently charged with a criminal offense, on probation for a criminal offense or serving a sentence for a criminal offense.4

You must have successfully completed your probation in its entirety (or obtained an early termination of probation, discussed below).

If you got sent to California state prison -- either at the time of judgment or because of a probation violation -- you do not qualify for a PC 1203.4 expungement unless you qualify under Penal Code 1203.42, discussed in Section 1.4, below.5

"Successfully completing your probation" means that you

  1. completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc.),
  2. attended all required court appearances (either personally or through your attorney), and
  3. did not commit any new crimes while on probation.
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California Law specifically states that if a defendant served jail time in a California state prison he/she is not eligible for an expungement. This is where I think you may be eligible for an expungement. Based on the way you described your sentence it sounds like you did not serve time in a state prison but in a county jail. I suggest that you seek a local attorney to assist you with filing your expungement request so that the attorney can make these arguments on your behalf. I hope this answers your question, please let me know if you need any additional information. Good luck!

Van
Van, Retired Judge
Category: Criminal Law
Satisfied Customers: 99
Experience: Criminal Court Judge
Verified
Van and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thank you for your time and information.
I apologize if I didn't answer your question completly but, in short not I was not in a state prision, nor was I in a county jail, as we tend to think of a jail, but I am not certain that it was not, technically speaking, a jail. It was quite some time ago and to be certain of certain things I would have to review the paperwork.
Anyway, I thank you for your time but I understand that not being in CA presents a problem.Vg
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