San Diego, CA asked in Criminal Law for California

Q: I had a conviction over turned and I am interested in getting my fines and refunded per the Supreme Court ruling.

My conviction was in San Diego California. When I attempted to get info from the courts Revenue and Recovery Dept. They were rude and told my that that ruling did not apply to my case and would offer no help or info. They pretty much just shut me down after asking about a refund and bringing up the Supreme Court ruling. I would like to know if there is a way for me to file paper work with the courts or if I need legal help in perusing a refund. My conviction was not expunged, my guilty plea was turned to a not guilty plea and the whole case was complete erased from my record as if it never happened.

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1 Lawyer Answer
David Dastrup
David Dastrup
Answered
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: The court's staff cannot give legal advice. If you feel that they should be refunding you because of a Supreme Court ruling that retroactively applies to your conviction, then you need an attorney. However, it sounds like you had some type of diversion, maybe a finding of guilt based on a plea but no conviction. Regardless, highly unlikely that the whole case was completely erased from the all records. However, some resolutions with dismissal may be such that you may legally say it never happened. All of this being said, I do not have your case file, and this is mere speculation based on hearing other people try to explain their cases with legal issues they are relatively unfamiliar with. You may be spot on, but you still need an attorney to help you based on what you are trying to accomplish, if it can be accomplished.

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