Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a felony drug offense. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for. After you obtain an expungement there is a further procedure that an attorney can tell you about.

Answer Applies to: California
Replied: 11/11/2011

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Some felonies you can get expunged. The attorney will have to look into the facts of your case and determine if you will qualify.

Answer Applies to: California
Replied: 10/5/2011

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It depends. If they are wobblers and you were sentenced to probation you can get them reduced to misdemeanors pursuant to PC 17b and dismissed pursuant to PC 1203.4. If they are not wobblers or you were sentenced to prison, even if imposition suspended, then you must obtain a certificate of rehabilitation.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

There are two types of expungement in California. Misdemeanor crimes, a petition for expungement is filed in civil court to have the conviction dismissed. Felonies require, a petition for a Certificate of Rehabilitation (CR) issued by the courts and filed with the California Department of Corrections and Rehabilitation . If your felony was a wobbler or one with a lessor misdemeanor crime you could first get the crime reduced to a misdemeanor on the record and then have it expunged. As you can tell to know if you will be happy with the result or even if it is possible to do what you want depends on facts that you need to provide to the attorney you are consulting with. If he is the right one for you he will not say out of hand that it can be done. However, after reviewing the facts he should give you a good indication of what can be done.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

First you need an attorney to file a 17b motion to reduce the conviction to a misdemeanor. When granted, the lawyer can then proceed with a petition for expungement. Contact an attorney to see if you are eligible.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Depends on charges and the disposition of those cases. Before spending money, make sure you are eligible for a 17b/1203.4 reduction/expungement. Some crimes are not, and if you violated probation, you may be ineligible.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

California doesn't have a true "expungement" law like some states where it gets wiped off your record. What we do have is a dismissal section under Penal Code section 1203.4. Yes, felonies can be dismissed under that section as long as you were not sentenced to state prison (and that includes a suspended sentence). If your felony was a "wobbler" and could be a misdemeanor or a felony, you can also seek a reduction in the charge, making it a misdemeanor, then dismissing it. The specifics of what you were convicted of and what your sentence will matter - most criminal defense attorneys offer free consultations to discuss the particulars. I'd suggest you start there.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

As long as you did not go to prison for the felony this is the process to have a case expunged: 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.