Question

How can I get a felony expungement for misappropriation of government funds?

I need to know what to do about getting an old felony case expunged and sealed. The case was in 1976 for misappropriation of government funds.
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Answered By: Dennis Roberts, a P.C.
If it was a federal prosecution and it certainly sounds that way, there is no federal expungement statute.

Answer Applies to: California
Replied: 9/8/2011

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.

Answered By: Law Offices of Andrew Bouvier-Brown
The specific procedures for expungement of felonies vary from county to county. In most major counties, the form (which can be found on the California court system website, courts.ca.gov, under the "Forms and Rules" tab it's form CR-180) can be filed and decided on by the judge without the need for a hearing. In some others, an actual court appearance and hearing is required. You should contact an attorney in your general area and ask about this.

Answer Applies to: California
Replied: 9/8/2011

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.

Answered By: Law Office of Daniel K Martin
The hard part about this one will be proving that you complied with all terms and conditions of probation. The easiest thing to do would be to go to the public defender if that was who represented you. If not then hire a private attorney. The process goes like this: 1. Collect proof that you complied with probation. (Do this by going to probation and asking for their records) 2. Write a motion and file the motion with the court. They will tell you the date the motion will be argued. 3. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff include with the motion a proposed order. It can be helpful to include documents that prove that you have rehabilitated yourself. 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. I hope it works out for you.

Answer Applies to: California
Replied: 9/8/2011

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.

Answered By: The Law Office of Harry E. Hudson, Jr.
Do you qualify? Did you go to prison? If so, you cannot get an expungement. However, you might want to look into the possibility of a certificate of rehabilitation. Attorneys have to do that for free.

Answer Applies to: California
Replied: 9/8/2011

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.

Answered By: Law Office of Jeff Yeh
You need to hire an attorney. It will be difficult to find information at the courthouse on something that is so old. Once the proper procedure has been done, the petition should be granted without trouble, since the conviction is so old. But you need an attorney to file the proper requests and motions so that the petition gets in front of a Judge to stamp and sign.

Answer Applies to: California
Replied: 9/8/2011

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.

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