View Full Version : How do I expunge my record


jrfriend
01-08-2009, 03:42 PM
I'm trying to expunge my record, but I have not been able to find any information. I also want to know if anyone thinks it best I pay for a lawyer or just try myself? So, if anyone knows how to do this or have already done this please let me know.

Gryphon
01-08-2009, 07:16 PM
If you have a felony that wobbles you need to do a PC 17b (reduces felonies to misdemeanors) followed by a 1203 motion to get rid of the now misdemeanor. Granted a 17b is discretionary, so you have to be prepared to market yourself and what you rlife is like.
If you have a felony that doesn't wobble, all you can do is get a Certificate of Rehabilitation. That provides onluy very limited relief since you still have a felony conviction.
Misdemeanors are 1203 motions, and are certain to be granted if you are off probation.
It is important to make sure tha all fines are paid and that you are off probation with all requirements met.
The other thing to consider is a Govenor's Pardon. I hear that old drug possession charges are the only crimes that might get a look.

WHether or not it is a DIY situation depends on how hard you'll have to work to get the request granted; and if your courets want to see motions on file you'll have to spend a lot less library time.
If you do DIY, you'd beging at teh lawy library reading about post conviction relief. Good places to start include the Mathew Bender series, Witkin on CA Criminal Law, and the CEB summary of CA Criminal law. The librarian will show you where to locate these.

I'm trying to expunge my record, but I have not been able to find any information. I also want to know if anyone thinks it best I pay for a lawyer or just try myself? So, if anyone knows how to do this or have already done this please let me know.

1strike
01-08-2009, 09:47 PM
will this take away my strike for crimmel threats?that is a wobbler right?or is this just to help with getting a job?

Gryphon
01-08-2009, 11:02 PM
You'd start with a 17b to turn the felony into a misdemeanor, and then it is an additional motion to get the misdemeanor removed.
A 17b is discretionary. Since there was a threat to do violence, you'd be wanting to convince the Judge that you aren't nearly as scary as you used to be. Counselor letters would help a lot; but letters from those who've seen a behavior change would also be good. You need to be careful to do a perfect probation and get all restitution and fines paid off.
In man y courts, you have an excellent chance to get your record cleaned up! However, even if you do clean it up you'll never get rid of the "strike". The strike enhancement can't ever be removed.

will this take away my strike for crimmel threats?that is a wobbler right?or is this just to help with getting a job?

1strike
01-09-2009, 08:30 AM
thanks, will i have to pay for a lawer?or can i get a public defender for free?i have done a year and a half on probation so far with no violations. i am half way done with probation, i just need to pay off the rest of my restitution $200.the person that i made the threat againt was my mom, but now we are getting along good, and i am liveing with her in her home.she has seen me clean up my act, ive been clean and sober for 18 months now, and she said she will write a letter to the jugde saying that im doing great.all my old arrests were all caused by drugs, and now im clean and sober,so every thing is good.

kima
01-09-2009, 09:30 AM
Check out this site, it offers self-help for all the different types of expungements available (and the steps to take). There are also free legal forms you can download and fill out to get the process started:

Your Options. Depending on your particular situation, you may have the following options:
If you were convicted of a misdemeanor and are still on probation, you may request early release from probation and file petition to have conviction dismissed. To do this, file a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf) for expungement.
If you were convicted of a misdemeanor and have successfully completed probation you may file a petition to have conviction dismissed. To do this, file a PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf) for expungement.
If you were convicted of a misdemeanor and were never given any probation at all, you may file a petition to have conviction dismissed. To do this, file a PC 1203.4a petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf) for expungement
You were convicted of a felony and are still on probation you may request early release from probation and file a petition to have your conviction reduced to misdemeanor and dismissed. To do this, file a PC 1203.3 petition to have probation terminated early. Also file a PC 17(b) petition to get felony reduced, and PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf) for expungement.
If you were convicted of a felony and are done with probation and/or county jail time you may file petition to have conviction reduced and dismissed. To do this, file a PC 17(b) petition to get the felony reduced, and a PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf)for expungement
If you were convicted of a felony and were never given any probation at all and were sentenced to county jail, you may file a petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. To do this file a PC 17(b) petition to get felony reduced and a PC 1203.4a (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf)petition for expungement.
You were convicted of a felony and were sentenced to state prison or under the authority of the California Department of Corrections, you may file a petition for Certificate of Rehabilitation and Pardon.
http://www.kinseylaw.com/freestuff/selfhelp/crimrecord/freeclearcriminalrecordforms.html

Gryphon
01-09-2009, 12:22 PM
If you had an appointed attorney, most if not all PD offices will file teh motion to get you back to court. In smaller counties, these motions are much more informal and teh clerk will point people on calendar to talk to the Judge without having to put much if anything onto paper.

It sounds like you'll probably be able to get your record cleaned up if things continue as well as they have been going! Congratulations.

thanks, will i have to pay for a lawer?or can i get a public defender for free?i have done a year and a half on probation so far with no violations. i am half way done with probation, i just need to pay off the rest of my restitution $200.the person that i made the threat againt was my mom, but now we are getting along good, and i am liveing with her in her home.she has seen me clean up my act, ive been clean and sober for 18 months now, and she said she will write a letter to the jugde saying that im doing great.all my old arrests were all caused by drugs, and now im clean and sober,so every thing is good.

South Bay
01-09-2009, 11:50 PM
If you want to know more about how to seal your records, go to a library and check out the book "How to Seal Your Juvenile and Criminal Records in California" (2000). The LA County Library system online search shows 15 copies, so other CA libraries are sure to also have a few copies available.

This book is more for the do it yourself types, with all the relevant forms and instructions. If you're still on probation, you may be able to get your PD to submit the proper forms. Even if you do have an attorney do it for you, it's always a good idea to read up on the subject so you know exactly how it all works.

South Bay

Peach&Cream
01-10-2009, 10:05 PM
to get felony reduced, and PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf) for expungement.
If you were convicted of a felony and are done with probation and/or county jail time you may file petition to have conviction reduced and dismissed. To do this, file a PC 17(b) petition to get the felony reduced, and a PC 1203.4 petition (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf)for expungement
If you were convicted of a felony and were never given any probation at all and were sentenced to county jail, you may file a petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. To do this file a PC 17(b) petition to get felony reduced and a PC 1203.4a (http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf)petition for expungement.
You were convicted of a felony and were sentenced to state prison or under the authority of the California Department of Corrections, you may file a petition for Certificate of Rehabilitation and Pardon.

I cannot open the links - they are in PDF form and for some reason I dont know how set my browser to open them... would I be asking too much if I asked you to copy and past them oh better yet could you save those three PDF's to your computer and them email them to me in whatever form they are saved... then just delete them from your computer.
I have two felony's which I need to clear up.... a few years back the CEO of a firm I worked with had me send some paper work to ??? have my falonies reduced, but the response literally informed me that my type of felonies could not be reduced :(

kima
01-10-2009, 10:16 PM
Which forms do you want and were you able to go to their website (there's a lot of good info there)? Of course I'll email them to you!!! Just let me know which ones you think you need.

Or try this - here's a link to Adobe, where you can download the program for free that opens pdf. files:
http://get.adobe.com/reader/

Cheetoes1
01-18-2009, 10:39 PM
Does anyone know if a Misdemeanor comes of your record after a certain amount of time or does it just stay on your record?

Thanks in advance

KellyA.

gibbyslady
01-18-2009, 10:53 PM
once i was off of probation i was able to expunge my record... it was for a Misdemeanor... i went to the court house where i was charged at and took my paperwork from my PO to the public defenders office where they wrote up some paperwork... i then had to serve the DA...i ask a randon person that was at the court house to serve them... i was givien a court date but i did not have to attend...about 6 weeks later i got a letter from the judge that the case was dismissed... the only people that have access to your record are law enforcement and govt... my friend just got her case expunged as well by going to the court house she was charged at...

Gryphon
01-20-2009, 01:45 AM
If you are off summary court probation (since this was a misdemeanor), then the court must grant a request to withdraw the guilty plea and dismiss the charge. It doesn't happen unless you return to the sentencing court nad ask for the relief. (On a misdemeanor, you can hire a lawyer to appear on your behalf). In some courts, getting this relief is as simple as asking the court clerk to give you an appearance date.
The code section is Penal Code 1203.3.

Does anyone know if a Misdemeanor comes of your record after a certain amount of time or does it just stay on your record?

Thanks in advance

KellyA.

Albee Damned
01-22-2009, 07:03 PM
From what I've read, a felony doesn't have to be a wobbler to have it expunged. As long as probation and/or county jail was granted instead of prison/parole, the felony can be expunged, regardless of what it was. For instance, you somewhat recently posted about the (rich and connected) kid you got probation for on an armed 211. Since there was no prison sentence and parole, this could be expunged from what I've read. Is this true??? :confused:

negretelove
01-22-2009, 07:54 PM
i was convicted on a misdemeanor charge but arrested on a felony. my question is this if i have the case expunged from the record when i go apply for a job and they run a background check will the felony arrest come up? would it be a better choice not to expunge so that i can show it was dropped down to a misdemeanor? and also show paperwork that i was released from probation early.

Gryphon
01-22-2009, 10:32 PM
Whatever happened, that's what will forever stay on your rap sheet.
The felony arrest can show up with a very good background check.

i was convicted on a misdemeanor charge but arrested on a felony. my question is this if i have the case expunged from the record when i go apply for a job and they run a background check will the felony arrest come up? would it be a better choice not to expunge so that i can show it was dropped down to a misdemeanor? and also show paperwork that i was released from probation early.

jpkjpk2000
01-26-2009, 04:49 PM
A further question about expungement.

I was arrested on a felony charge which was dropped. I am waiting for my request to have the record expunged to be approved. I am pretty sure it will be.

My question is this. The other day I was helping someone fill out an employment application. I saw that there was a question on whether the person had ever been arrested etc BUT it also asked if one had had an arrest expunged. Is this allowed? This is in the State of Georgia.

If one said no, would there be a way for the employer to find out?

kima
01-26-2009, 06:48 PM
I don't have an answer for you, but a comment in general. If an employer can ask if you've ever had a record "expunged" - why even bother HAVING IT EXPUNGED? This is frightening, to say the least!

aquiltter
01-28-2009, 02:04 PM
Gryphon, I understand the expungement/set aside requirements per CPC 1203.4. How does a civil addicts commit per WIC 3051 impact CPC 1203.4? While there is a prison commitment, the criminal proceedings are suspended and the offender's commitment is under the Welfare and Institutions Code not the criiminal code, correct? And does it matter if the court action was the result of a probation violation (probation was revoked)? Our son is at CRC under "N" number, civil addict commit. Wondering if there is any remedy for him? Also, the California Penal Code does not specifically list a prison sentence (i.e., 2 - 3 - 6 yrs) for his conviction, so does that mean the sentence should be 16 mos., 2 years, 6 years? At his sentencing hrng the DDA- actually a law student appearing with DDA supervising her - said the PSR was incorrect when it listed 16 mos. as low end ... said it should be 2 yrs. DDA argued for mid term, but court stated absolutely not anything but low end was appropriate sentence. Court sentenced our son to "low term of 2 yrs." I thought it was in error ... but public defender did not question it. I called PD later (we waited one hour outside courtroom, but she never exited the courtroom so we left) but have never heard from her. Should we hire an attorney to resolve this matter or just hope the CDCR legal processing dept will review it and determine the error and rectify it?

Gryphon
01-28-2009, 04:20 PM
I'm no expert on employment law, that's a field unto itself. I don't know what they can ask, and researching that would take a while.

Yes, there is a paper trial of your having been convicted. It is pretty easy to find if someone wanted to look moderately hard. All those old county records are still at teh courthouse, and may or may not be online.

A further question about expungement.

I was arrested on a felony charge which was dropped. I am waiting for my request to have the record expunged to be approved. I am pretty sure it will be.

My question is this. The other day I was helping someone fill out an employment application. I saw that there was a question on whether the person had ever been arrested etc BUT it also asked if one had had an arrest expunged. Is this allowed? This is in the State of Georgia.

If one said no, would there be a way for the employer to find out?

Gryphon
01-28-2009, 04:40 PM
"How does a civil addicts commit per WIC 3051 impact CPC 1203.4? "
It doesn't have anything to do with it. A civil commitment ("N Number") is not a criminal conviction ("C Number"). That's why it doesn't count a a prior prison term per PC 667.5.

"Also, the California Penal Code does not specifically list a prison sentence (i.e., 2 - 3 - 6 yrs) for his conviction, so does that mean the sentence should be 16 mos., 2 years, 6 years? "
Where teh code doesn't say what teh punishment is, and says "punishable by county jail or state prison", the default punishment if it is State Prison is 16 mos., 2 yrs, or 3 yrs.

"At his sentencing hrng the DDA- actually a law student appearing with DDA supervising her - said the PSR was incorrect when it listed 16 mos. as low end ... said it should be 2 yrs. "
If the low term was really 16 mos., and the record is clear that the sentence was low term, then that needs to be fixed. It'll take a new court order to fix it, though. CDCR won't know whether the court was wrong about the time or whether the court was wrong about the term. The attorney needs to corrrect this by setting a court review to amend to 16 mos. (if that is in fact correct).
It becomes very important if the parolee messes up CRC parole and ends up going to prison on the violation.
CRC may not catch the error, since they are mostly concerned about sentences being low enough (6 yrs. and under) so that there isn't a CRC automatic exclusion. 16 mos. or 2 yrs. makes no difference to them since the inmate will be at CRC as long as it takes to complete the program (usually around 12 mos., never less than 10 mos.). Conduct credits have no application to a CRC narcotic addict civil sentence.
If the problem isn't fixed, the risk is that when CDCR catches the error if the CRC sentence turns into a prison sentence, he might be held past his correct out date while paperwork is exchanged and new orders issue.

jrfriend
03-20-2009, 01:57 AM
I went to the probation office today and they told me that they can process all of the paperwork for me, and put the case on the calendar. They told me that I have to pay $120 for the court cost. They also told me that my felony can't be reduced to a misdemeanor, so my only option is to dismiss the case. They told me it is totally up to the judges discretion. I have a misdemeanor vandelism from one case and felony possession for sale on the first case. I believe I have to file to dismiss the misdemeanor myself. I picked up the 1203.4 petition, but now I don't know how to fill it out. To make a long story short has anyone expunged their records in san bernardino county, who can pm me and give me the run down on what I should do to increase my chances of getting it dismissed. Please I need help, the welfare office won't give me childcare for my three kids until I can show them that I am no longer convicted of a felony.

Gryphon
03-20-2009, 01:48 PM
1203.3 gets rid of teh misdemeanor, so you might as well do that at teh same time.
1203.4 relief isn't automatic. First, make sure all fines are paid off and everything is complied with if it was a probation order. You can get a copy of the criminal court probation orders from teh clerk's office. for fines, something showing a zero balance does the trick.
I assume you are off probation and didn't get violated. If not, there are issues to be considered and dealt with (if possible.) Get back in touch if you need to.
Show certificates of completion if you did any form or rehab or counseling.
Get some letters of support. Before/After statements are fine. Family, friends, employers, treating professionals; it is all good.
Something from Welfare showing a denail of benifits unless teh 1203.4 is granted would help.
Anything else to show you've turned a corner would help a lot.
You might not need all the above, but it is better to be over prepared.

I went to the probation office today and they told me that they can process all of the paperwork for me, and put the case on the calendar. They told me that I have to pay $120 for the court cost. They also told me that my felony can't be reduced to a misdemeanor, so my only option is to dismiss the case. They told me it is totally up to the judges discretion. I have a misdemeanor vandelism from one case and felony possession for sale on the first case. I believe I have to file to dismiss the misdemeanor myself. I picked up the 1203.4 petition, but now I don't know how to fill it out. To make a long story short has anyone expunged their records in san bernardino county, who can pm me and give me the run down on what I should do to increase my chances of getting it dismissed. Please I need help, the welfare office won't give me childcare for my three kids until I can show them that I am no longer convicted of a felony.

jrfriend
03-20-2009, 09:12 PM
okay before I payed the $120 I asked central collections how much money I owe for restitution they said I owe $945. I don't know what to do, does this mean no expungement. I'm on a fixed income to where I can't afford to pay even a dollar to anyone, without a bill not being paid. Someone please help if I can't get my record expunged I can't get childcare. My youngest son is 2, that means I have another 3 years before he starts kindergarten.

Gryphon
03-21-2009, 10:58 AM
Your chances increase if it is paid off, but ultimately it will be up to the judge. If you don't pay it off, you need to provide a good accounting that explains why it wasn't paid off over all the time since the date of sentencing.
okay before I payed the $120 I asked central collections how much money I owe for restitution they said I owe $945. I don't know what to do, does this mean no expungement. I'm on a fixed income to where I can't afford to pay even a dollar to anyone, without a bill not being paid. Someone please help if I can't get my record expunged I can't get childcare. My youngest son is 2, that means I have another 3 years before he starts kindergarten.

jrfriend
03-21-2009, 03:56 PM
Well yeah I knew I had to pay it, but I never received any bills in the mail. Everyone I know who owes restitution recieves statements in the mail. The lady said the account was never set up. So, that's not a condition of expungement that all restitution has to be paid off? Probation released me on both cases without paying any restitution.

sdkawasakiguy
02-20-2010, 10:13 PM
"How does a civil addicts commit per WIC 3051 impact CPC 1203.4? "
It doesn't have anything to do with it. A civil commitment ("N Number") is not a criminal conviction ("C Number"). That's why it doesn't count a a prior prison term per PC 667.5.

"Also, the California Penal Code does not specifically list a prison sentence (i.e., 2 - 3 - 6 yrs) for his conviction, so does that mean the sentence should be 16 mos., 2 years, 6 years? "
Where teh code doesn't say what teh punishment is, and says "punishable by county jail or state prison", the default punishment if it is State Prison is 16 mos., 2 yrs, or 3 yrs.

"At his sentencing hrng the DDA- actually a law student appearing with DDA supervising her - said the PSR was incorrect when it listed 16 mos. as low end ... said it should be 2 yrs. "
If the low term was really 16 mos., and the record is clear that the sentence was low term, then that needs to be fixed. It'll take a new court order to fix it, though. CDCR won't know whether the court was wrong about the time or whether the court was wrong about the term. The attorney needs to corrrect this by setting a court review to amend to 16 mos. (if that is in fact correct).
It becomes very important if the parolee messes up CRC parole and ends up going to prison on the violation.
CRC may not catch the error, since they are mostly concerned about sentences being low enough (6 yrs. and under) so that there isn't a CRC automatic exclusion. 16 mos. or 2 yrs. makes no difference to them since the inmate will be at CRC as long as it takes to complete the program (usually around 12 mos., never less than 10 mos.). Conduct credits have no application to a CRC narcotic addict civil sentence.
If the problem isn't fixed, the risk is that when CDCR catches the error if the CRC sentence turns into a prison sentence, he might be held past his correct out date while paperwork is exchanged and new orders issue.

PC 1203.4 indicates that someone is not eligible for relief under this section if they have served time in state prison for the felony. However, WIC 3051, (CRC-N#) even though it is prison time under CDCR jurisdiction, it does allow for dismissal under PC1203.4. The reason this is so is because once the CRC sentence is completed, the court orders the following: "The defendant has successfully completed CRC. Criminal proceedings are reinstated. Probation is granted and terminated forthwith."

So a conviction under WIC3051 (N#) is the ONLY time a prison commit can use PC1203.4 for expungement, otherwise a prison commit does not qualify for this relief and would have to wait 5 yrs and go for the certificate of rehabilitation.

Gryphon
06-27-2012, 07:49 PM
Is your record keeping you from getting a job?
Do you want to travel?
Did you lose your firearm due to a felony and want your rights back?

I help people clear there old misdemeanor and felony convictions, apply for Certificates of Rehabilitation, Pardons, early termination of probation, ect...

Are you interested? Check us out
Call ...


I question whether this service is legitimate. Consider the following:
Forms for such things are available for free at the local library and online. They are CA Judicial Council forms. They are related to PC sections 17b, 1203.3 and 1203.4. You can also get the forms form most criminal court clerks. Getting advice about how to present an argument to the judge can be a great idea, but some of these requestes are "automatic" and will be granted no matter what. Also, in CA there is nothing that can be done to resore firearm rights after a felony conviction (despite a generation of arguments), although there are some instances where rights can be restored after some other forms of disqualification.
A pardon is a rare rare beast, in the real world only possibly applicable to some crimes that are no longer crimes (usually old consenting sex or race based crimes) or small quantities of drugs.
Cleaning up a record still means that any decent background check probably reveals exactly what happened, and that includes that it once was a felony conviction. There will be explaining to do. Consider what you are buying exactly; and that doesn't mean being home-free with employers.
Careful, y'all.

DougsCandy
06-27-2012, 08:13 PM
Why should I use your service when I can go here http://www.courts.ca.gov/1070.htm get information and forms for free ?Then do what you are selling myself for free As far as feloney convictions and owning a gun againg you are doing a little reaching here

You freaking rock Patrick

DougsCandy Sent from my LG-P509 using PrisonTalk

noboundries
07-13-2013, 07:50 AM
If your near LA County, check out the community organization "All of Us or None". they offer free expungement clinics. Also, if you find a Felon Job Fair they usually have a representative around that will tell you which organizations help you do expungements for FREE!! allllllsooooo...Many of the One Stop/Work Source will have information and/or flyers that will help you get an expungements.

The resources are out there....step by steps guides. That's how I got mine :)

ImJustMe123
07-14-2013, 11:15 AM
I went to my county's legal aid office and received a fee waiver for being a low income single mother. One of their lawyers is taking my case pro-bono and it's in process now. I am collecting letters of character reference and then we will set a court date. The DA is opposing my expungement so we will go before the judge with my letters and list of accomplishments in the past 10 years and hope that the judge decides that I deserve this. I did have to pay all fines and be off of probation for a minimum of 5 years to become eligible for expungement on my charges. The first time I applied I had open fines I had forgotten about with the county and was denied a court date until those were paid in full.