Burbank, CA asked in Criminal Law for California

Q: I got 2 strikes on my record can I delete them permanently. Not the Romero Act.

Appeal those cases I never went pass preliminary hearing. I know these cases is a misdemeanor. Can I delete them off my record permanently? So is it possible to go back to court on these cases?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED. NOT CLEAR OF CHARGES ETC

AFTER ½ THE TERM OF PROBATION imposed by court IS UP, you CAN FILE FOR EARLY TERMINATION AND EXPUNGE. It is far from automatic.

California law allows a person who has been convicted of a crime to have that conviction expunged. A California expungement is a legal process that petitions the Court to review a conviction to determine if the petitioner is eligible to submit an application to withdraw their plea or finding of guilt, enter a not guilty plea, and order the case dismissed. The decision to grant or deny the petition is at the discretion of the judge and the decision may be opposed by the district attorney’s office for the relevant county.

If the motion is opposed, the district attorney will have to file a formal written motion and a court hearing will be scheduled to hear the merits of the case. Should this occur, we would attend your hearing and argue on your behalf.

IF A FELONY YOU WOULD HAVE TO REDUCE UNDER 17B TO A MISDEMEANOR IF ALLOWABLE....AND THEN 1203.4 EXPUNGEMENT.

Once granted, an expungement changes and updates the disposition of the case to reflect a dismissal under Penal Code 1203.4. This means that the court file, the California Department of Justice, and the FBI update their files to reflect that a plea of not guilty has been entered and that the case has been ordered dismissed and set aside by the court.

California Penal Code Section 1203.4 provides in part:

“Petitioner shall be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.”

PC 1203.4 states that an expungement will not have any impact on the use of your DUI conviction as a prior. If you are arrested or get a 2nd dui you will be prosecuted as a second offender. The good news I that you will be allowed to tell employers that your DUI was dismissed.

If ½ the term of probation is up you can file for Early Termination…….may have to appear on that.

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