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Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
If you have been charged with a crime in the State of California, you will still have a criminal record which can be viewed by members of the general public. This is true even if you were never convicted. Fortunately, however, California law allows for some criminal charges to be removed for a person's criminal record, offering them a clean slate. Expungement means that a guilty plea or conviction on a person’s criminal record is withdrawn. It is then replaced with a not-guilty plea, after which the court dismisses the criminal case.
While California criminal courts routinely grant expungements, not every criminal conviction is eligible for expungement. If you have been charged or convicted of a crime, the experienced California criminal defense lawyers at The Law Offices of David S. Chesley will be able to determine if you are eligible to have your record expunged. To schedule a free consultation with a criminal defense attorney in Los Angeles, call us today at 1-800-755-5174 or contact us online.
Qualifying for a Criminal Records Expungement in California
In order to apply for a criminal records expungement in California, you must first meet certain criteria. Those criteria include the following:
If the charge you want to be expunged was a felony charge that resulted in a period of incarceration, you do not qualify for a records expungement. The same is likely true if the underlying crime involved a sexual offense perpetrated against a minor or a motor vehicle violation which caused two or more points to be added to your driving record.
Moreover, in order for your criminal record to qualify for expungement, you must have paid all court-ordered fines and restitution for the underlying offense.
Expunging a Felony Conviction
The only felonies eligible for expungement in California are “wobbler” charges. In a nutshell, these are felony charges which could have been prosecuted as misdemeanors under the law. In order to expunge a “wobbler” charge from your criminal record, you must ask the court to reduce the charge at issue from a felony to a misdemeanor. In most cases, if the offender can prove to the sentencing judge that he or she has taken responsibility for all criminal actions and has successfully rehabilitated, the judge will likely grant the charge reduction petition and reduce the charge to a misdemeanor. In that case, the charge will be eligible for expungement and dismissal.
In the case of other felony convictions, the expungement process depends upon whether the defendant was sentenced to jail time and probation versus a state prison sentence. In the latter case, the defendant can only obtain a dismissal if he or she has lived in the same county for a period of five years. The defendant must also file a petition and prove to the judge that he or she is trying to change for the better.
Cost of a Records Expungement
Expunging a criminal record in California can cost anywhere from $100 up to about $400. The exact amount of the fee depends upon the courthouse where the defendant files his or her expungement petition. If you hire an attorney to help you expunge your record, the fee will likely be higher. At The Law Offices of David S. Chesley, our California criminal defense lawyers will work with you to provide a plan for expungement services that is affordable and meets your needs.
Benefits of a Criminal Records Expungement
There are significant benefits associated with expunging a criminal record. Those benefits include the following:
Interested in Expungement? Call a Los Angeles Criminal Defense Lawyer Today
If you are trying to obtain a records expungement in a California criminal case, having an experienced lawyer on your side can make all the difference. An experienced lawyer can first review all of the circumstances which are pertinent to your charge or conviction and determine whether or not you are eligible for a criminal records expungement. A lawyer can also help you complete all of the necessary paperwork to help you petition the court for a charge reduction (i.e. reducing a felony down to a misdemeanor), if necessary, as well as obtain a records expungement. Finally, a lawyer can represent you throughout your expungement proceedings and can attend any courtroom proceedings with you.
A records expungement can provide you with a sense of relief and will allow you to move on with your life. If you are interested in learning more about a criminal records expungement in California, you should contact the skilled legal team at The Law Offices of David S. Chesley. Our team has successfully pursued hundreds of records expungement cases and is ready to review your case today.
To schedule a free consultation and case evaluation with a California criminal defense lawyer, please call us today at 1-800-755-5174, or contact us online.