Post Judgment Relief in Criminal Matters, Part One
Everyone makes mistakes…but they don’t have to stay on your record forever. Many criminal defendants who are charged with crimes spend a lot of time and effort to fight the case. However, the fight does not end when the criminal defendant is convicted.
If a criminal defendant is convicted of a crime and receives a sentence of probation, then he or she can (and should) seek expungement pursuant to Penal Code section 1203.4 after probation is successfully terminated or completed.
Expungement means that a court will set aside a criminal defendant’s conviction (by either plea or verdict), enter a plea of not guilty, and dismiss the case.
To be eligible, a criminal defendant must not
• Be serving a sentence, OR
• Be on probation for any other crime, OR
• Be charged with any other crime.
There are certain crimes that cannot be expunged:
• Violations of Vehicle Code, sections 2800, 2801, and 2803
• Certain sex offenses committed by force/threat or on a minor
• Certain vehicle code violations, including but not limited to driving under the influence, hit and run, or reckless driving.
There is no deadline to file a Petition for Expungement pursuant to Penal Code section 1203.4. A criminal defendant can make this motion at any time after probation is done. If you would like further assistance with expunging your criminal record, the Dias Law Firm, Inc. can help. Please do not hesitate to contact us to set up a consultation today.
By: Sarah M. Hacker, Esq.
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