How do I expunge a felony? 3 Answers as of July 14, 2010

If a 1st time offender is convicted of 2nd degree battery and is ordered to paid restitution to the victim, who decides if the defendant can get and expungement, the victim or the judge?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Hale Law Group
Hale Law Group | Joshua D. Hale
The judge has the ultimate decision, and you would need to do a little more research of the actual code violation, and whether the judge can technically issue and expungement.
Answer Applies to: California
Replied: 7/14/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
In California, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the Court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending.

If successful and granted, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications.

However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. If you contact me, be prepared to tell the exact Penal Code you were convicted of.
Answer Applies to: California
Replied: 7/13/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
In California, expungement (dismissal pursuant to Penal Code section 1203.4) is always up to the judge, not any individual victim. Of course, the judge will look to see if restitution has been paid, along with all other terms of probation being satisfied.
Answer Applies to: California
Replied: 7/13/2010
Click to View More Answers: