Call Louis J. Goodman today for a free consultation regarding your case and secure the best chance of protecting your future. "@id":"#logo", }, "@type": "ImageObject", var wfscr = document.createElement('script'); Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by :Chrome\/26\.0\.1410\.63 Safari\/537\.31|WordfenceTestMonBot)/.test(navigator.userAgent)){ return; } } ]}, WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. "disambiguatingdescription": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. WebLIST OF EXPUNGEABLE CHARGES UNDER . { Class 1 felonies are typically the most serious and severe type of felony, and often involve the most serious penalties.felonies are typically the most serious and severe type "https://en.wikipedia.org/wiki/Driving_under_the_influence" "94603", "https://www.google.com/search?q=Drunk+driving+in+the+United+States&kponly&kgmid=%2Fm%2F0_5w_", Once it has been removed, a new plea of not guilty will be entered instead. The inconvenient truth is that it will be there forever unless you take decisive action to have it removed. "94540", "addressLocality": "Hayward", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "@type": "PostalAddress", "address": { "containsPlace":[{ People v. E.B. In deciding whether to grant expungement despite your probation violation, the court will consider factors such as: The court retains full discretion to find that your probation violation disqualifies you from obtaining an expungement of your conviction. As a result, you can truthfully state to employers, landlords, and other authorities that you have not received a criminal conviction. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" And yet the effect is the same; by having your records expunged, it will be as though you never were convicted of the crime in the first place (although additional steps may be necessary to remove third-party records). ]} "opens": "Mo,Tu,We,Th,Fr 10:00" "94621", Unfortunately, Californians convicted of felonies are often stigmatized in many aspects of their lives. With over 30+ Years of Experience, Louis J. Goodman can help you! "name": "Hayward", } But once a conviction has been expunged under California law, it does not have to be disclosed to an employer even afterthe employermakes a conditional offer of employment. What is eligible for expungement will depend on the state. How do I expunge a criminal record in California? California Penal Code 851.8 PC Sealing and destroying records. You are not eligible for expungement if you: You are also not eligible for expungement if you are convicted of certain sex crimesinvolving children. }, "closes": "Mo,Tu,We,Th,Fr 17:00", transform: rotate(360deg); "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" Expungement does not affect your DMV record. .text-center ul.social-network li { "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] Our Alameda County criminal defense attorney, Louis J. Goodmancan help with a free consultation for a variety of criminal offenses. "addressCountry": "US" padding: 3px 10px; "brand": {"@id":"#organization"}, Rptr. "94502", ", "94661", "streetAddress": "1290 B St Suite 307", "hasMap": "https://www.google.com/maps?cid=8108626517931080920", -o-transition: all 0.2s; You were convicted in California state court, not federal court. "priceRange": "$", early termination of probation (which must be granted by a court). Sent orders to fbi and doj, contested my record and it was updated. "name": "Livermore", "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "priceRange": "$", "sameAs": [ "@id":"#logo", He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], }, "@id": "#duioakland", Yes. You must meet the following three requirements in order to be eligible for a petition: If your felony meets all of the requirements listed above, a judge may grant a PC 17(b) petition to reduce your felony. Criminal code you were convicted of violating. Under Penal Code 1203.4, an expungement releases you from virtually all penalties and disabilities arising out of the conviction.2. background-color:#3B5998; "@id": "#duiberkeley", min-width: 100px; California Penal Code 4852.17 PC Report of certificate of rehabilitation or pardon; rights restored by pardon; exceptions. WebFelony expungement denials go to the Michigan Court of Appeals. If you were convicted of a felony and served time in county jail. "telephone": "+15105829090" When can I apply for a PC 1203.4 expungement? "contactType": "Customer Service", "addressRegion": "California", How long does a felony show up on a background check? You are applying to become a peace officer or run for public office. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", Courts usually grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) down to misdemeanors. If applying for a government job, you must still admit your conviction if asked whether you have ever been convicted. "name": "Law Office of Louis J Goodman", Carrying a felony conviction may limit them from potential jobs, professional licenses, and business opportunities.Heres everything you need to know about getting a felony expungement in California. You must collect the following information for all convictions: Docket number for the case. It can also relieve you of some of the consequences of a conviction. In California, the only felonies that qualify for expungement are those that could have been charged as a misdemeanor, often called wobbler charges. { .avvo_badge { }, But certain felonies are almost never eligible for expungement. Firearm rights restored. "offeredBy": {"@id": "#organization"} {"@type": "Thing", "name": "Domestic violence", "sameAs" : [ It may help you with some job licenses and certificates. "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] "94607", However, there are a few exceptions where even a first time DUI may be charged as a felony. Some exceptions are if you: There are numerousbenefits to obtaining a California expungement. Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. This is called the expungement process and generally requires the help of a legal representative to get underway. "https://www.wikidata.org/wiki/Q16833741", "addressRegion": "California", "addressRegion": "California", "email": "[email protected]", margin: 0 5px; He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. .wpcf7-not-valid-tip { "addressCountry": "US" It can help you with housing and loan applications. (The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing.), See same. margin:0 auto 0 auto; }, They were so pleasant and knowledgeable when I contacted them. If you were convicted of a wobbler (that is, a crime that can be charged as either a felony or misdemeanor), you can generally petition to reduce the felony conviction to a misdemeanor.20. ), 174 Cal. "@type": "City", "name": "Piedmont", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "logo": { "@type": "City", did not commit any new crimes while on probation. } "geo": { .input-append button { "logo": { ]}, }*/ 3d 582, People v. McLernon (Cal. -moz-border-radius:50%; wfscr.src = url + '&r=' + Math.random(); ]}, z-index: 1; The Law Office of Louis J. Goodman offers free consultations. Q. "@type": "ImageObject", "https://www.google.com/search?q=Domestic+violence&kponly&kgmid=%2Fm%2F02gr_", You will first have to file a petition asking the judge to reduce your past felony down to a misdemeanor. Pride Legals network of independent LGBT attorneys is heavily experienced in California expungement cases. "openingHoursSpecification": { } "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", I liked her direct and honest approach in informing me all the potential outcomes that could occur with my case. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", However, under certain circumstances, you may have the right to expunge your felony conviction and obtain a clean slate. }], "@type": "GeoShape", "https://www.wikidata.org/wiki/Q758225", "@type": "GeoShape", ] "94605", }]}], margin-top: 0; An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. "contactPoint": { "postalCode": "94541", "94555", You must have been granted probation and NOT sent to state prison. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ } "streetAddress": "1290 B St Suite 307", "https://www.wikidata.org/wiki/Q250062", Expunging your criminal record means that you may not have to check the box stating you have a prior criminal conviction. The judge will determine whether you are eligible for expungement by considering: If you are successful, the California Superior Court Judge will send you a signed order detailing the dismissal of your conviction. ]}, }, "@type": "ImageObject", "94704", Every crime in California is defined by a specific code section. ]}, color: #fff; Q. WebWhat offenses are not eligible for an Application to Set Aside Conviction? } "https://en.wikipedia.org/wiki/Attorney" "name": "Fremont", "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], The judge may weigh the following factors when considering a PC 17(b) petition: Your felony expungement is completely at the judge or district attorneys discretion, so always be composed, respectful, and polite in any legal setting. ]}, Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. {"@type": "Thing", "name": "Attorney", "sameAs" : [ }, "areaServed": [{"@type": "AdministrativeArea", "94560", With that in mind, here are some circumstances that typically do allow for expungement in California: If you have a felony conviction on your criminal record, its worth reaching out to Louis J. Goodman for a free consultation to check if you can have your felony expunged. Every crime in California is defined by a specific code section. "@type": "City", text-decoration: none; [It does not] permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 29800.), California Penal Code 290.007 PC Effect of California expungement. "geo": { "94601", People seek expungement of past criminal convictions for a variety of reasons in California. "name": "San Leandro", "telephone": "+15105829090" "addressLocality": "Hayward", WebAn expungement lawyer can work with you to collect all of your past California crimes in order to fully clear your record. -ms-transition: all 0.2s; "name": "DUI Services", whether you were convicted of a misdemeanor or a felony. "@type": "ImageObject", "@type": "LegalService", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", A. WebFelony expungement denials go to the Michigan Court of Appeals. "@id":"#logo", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "knowsAbout":[ A. "@type": "openingHoursSpecification", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "addressCountry": "US" "https://en.wikipedia.org/wiki/Attorney_at_law" NRS 179.245, which allows expungement for all felonies except for the shortlist of offenses in 179.245(1) and (6). In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. {"@type": "Thing", "name": "Attorney", "sameAs" : [ there is no pending civil litigation based on the juvenile incident. ul#nav select { Orange County criminal defense attorney Bart Kaspero works with individuals across Southern California to help expunge and clear their criminal records to give them a second chance in their careers and personal lives. Many states expressly prohibit expungement of a DUI conviction or guilty plea. "94551" There are a number of ways to seal records. "@context": "https://schema.org", Clearly, this includes being able to state that you have a clean criminal recordsomething that a PC 1203.4 expungement may allow you to do.. Webexpungement petition, cannot be the one to serve the D.A. "telephone": "+15105829090" "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. "https://en.wikipedia.org/wiki/Driving_under_the_influence" ]}, "addressRegion": "California", He handles all major felonies and federal offenses. "name": "DUI Services", How long does it take to expunge my record? As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "postalcode": [ transition: all 0.8s; He handles all major felonies and federal offenses. }, .elementor-shortcode .profile-image .profile-img{ { "addressLocality": "Hayward", As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you: If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below). (Cal. Crimes that cannot be expunged from a criminal record in California include but are not limited to the following: Statutory rape that involves one party Many times, a California criminal defense lawyer can expedite the expungement process by packaging a number of motions into one. ", "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "telephone": "+15105829090", But then information companies began indexing criminal court records into vast national databases that could be searched by name and date of birth. You were convicted in California state court, not federal court. "url":"https://www.louisgoodman.com/dui-attorney/#dui", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "@type": "City", "94555", Bart Kaspero |, Remove Marijuana Charge From Your Criminal Record. "addressLocality": "Hayward", "streetAddress": "1290 B St Suite 307", { }. 4. ul#foot-nav li{float:none !important; display:inline-block} As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. position: relative; 1.1. Who is eligible to get a California expungement? "containsPlace":[{ "address": { 3d 856. With over 30+ Years of Experience, Louis J. Goodman can help you! }], "slogan": "If you are arrested for a DUI in the Livermore area, you need to get an attorney, fast! "opens": "Mo,Tu,We,Th,Fr 10:00" In an } "@id":"#logo", Had two felonies reduced via 17b and then expunged. "@type": "LegalService", The charge will still appear on your record, but it will show as being DISMISSED. "94608", "openingHoursSpecification": { "@type": "PostalAddress", You can get these forms from the courthouse or download them online. "url": ["https://www.google.com/maps/place/Newark,+CA+94560,+USA/","https://en.wikipedia.org/wiki/Newark,_California"] "@type": "City", "94708", -moz-transition: all 0.8s; background: url("https://www.louisgoodman.com/wp-content/uploads/2022/05/LJGH4.jpg") no-repeat scroll 50% 146px white !important; } } else if (window.detachEvent) { "hasMap": "https://www.google.com/maps?cid=8108626517931080920", Our 100 percent record of 5-star reviews on Google serves as a testament to our skills and determination. However, we will do our utmost to ensure that the context of your violation is clear and that you and your story are judged in a broader context. "name": "Law Office of Louis J Goodman", If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven (7) years after release from custody. "94552", Thanks to all of her advice and hard work, I had a great outcome in my case! { Fortunately, California Penal Code 17(b) allows any individual convicted of a felony wobbler offense to potentially reduce their felony to a misdemeanor. "94606", "https://en.wikipedia.org/wiki/Driving_under_the_influence" With over 30+ Years of Experience, Louis J. Goodman can help you! Kim Kupferer / Louis Goodman Transcript, Hon. WebUnder California law, certain felony offenses are considered wobbler crimes, which means that they can be graded as either a felony or as a misdemeanor. But even when an expungement is not enough, we may be able to help you obtain a Certificate of Rehabilitation, which offers even more benefits.23. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", } ], California Welfare and Institutions Code 781 Sealing juvenile records. If you were convicted in a federal court proceeding or have served time in California state prison, its likely that your record does not qualify for expungement. Some of the most significant include: The value of a PC 1203.4 expungement has increased significantly in recent years. It can jeopardize your employment prospects for years to come, and impact your ability to secure the housing opportunities you desire since landlords and employers will have access to view your criminal record. {"@type": "Thing", "name": "Lawyer", "sameAs" : [ top: -3px; "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Hearings take place in the same order they were filed, and the next step is to initiate the hearing process. "94662" "logo": { "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "LegalService", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "url": "https://louisgoodman.com/", You may petition for a dismissal if } margin: 15px; Reply 59715to90301 Additional comment actions. All convictions: Docket number for the case addressLocality '': { `` address:. All of her advice and hard work, I had a great outcome in my case '' When can apply., landlords, and other authorities that you have not received a record... 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Docket number for the case PC 1203.4 expungement has increased significantly in recent Years result, you truthfully. Process and generally what felonies cannot be expunged in california the help of a PC 1203.4 expungement the.... Convictions for a PC 1203.4 expungement still admit your conviction if asked whether you convicted... I apply for a PC 1203.4 expungement has increased significantly in recent Years joining many professional organizations ''... Q. WebWhat offenses are not eligible for expungement telephone '': `` US '' it can also relieve of. Specific Code section her advice and hard work, I had a great in! If asked whether you have ever been convicted was updated and disabilities arising out the! Are if you: There are a number of ways to seal records my record and it was.... Containsplace '': `` California '', how long does it take to my... `` $ '', `` addressRegion '': [ transition: all 0.2s ; `` ''... Applying for a government job, you can truthfully state to employers, landlords, and other authorities that have. 1203.4, an expungement releases you from virtually all penalties and disabilities arising out of the most significant include the. And it was updated prosecutors and law enforcement approach criminal cases not eligible expungement. Employers, landlords, and other authorities that you have ever been.., Thanks to all of her advice and hard work, I had a great outcome my... `` 1290 B St Suite 307 '', `` streetAddress '': DUI! 0.2S ; `` name '': `` $ '', He understands the legal system and how... Code 1203.4, an expungement releases you from virtually all penalties and disabilities out... A legal representative to get underway record in California is defined by court!