How will I be able to get my record sealed or expunged? 10 Answers as of November 14, 2010

I am going to revise my question and send it again with more detailed information. I have a sale of crack cocaine charge from 2003. I was sentenced to 5 years probation early termination in 3 years for that charge. I violated my probation with a technical and was sentenced to prison for 31 months. I plead nolo contendere and was adjudicated guilty on this charge. What are my chances of having this charge sealed or expunged? I know I cannot do it right now because I am currently on probation for 5 years with only 1 year left to go.

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
You usually cannot expunge a conviction for which you were later sent to prison. Expungements usually work only for probation sentences.

If you are working on a "clean" parole, you can try to file a Certificate of Rehabilitation with the State of California, once parole is finished.

With a sentence of 32 months, it looks like you also have a prior strike. Is that right? If yes, that will make it very difficult to get a Certificate.

This process can be long and expensive, and the Certificate should only be pursued by an experienced criminal defense attorney.

If you have other questions about this case, please call my office.
Answer Applies to: California
Replied: 11/14/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
If you were sentenced to prison (confused about 31 months) then you can not get this crime expunged. If you did not go to prison, yes you may be able to get it expunged. However, it is best, as you stated, to wait until you are done with probation.
Answer Applies to: California
Replied: 11/12/2010
The Law Office of Stacey Wolcott
The Law Office of Stacey Wolcott | Stacey Wolcott
Since you were sentenced to state prison you are not eligible for an expungement, you would have to file for a certificate of rehabilitation. The main requirement for a certificate of
rehabilitation is that you reside in CA for a term of 7 to 10 years after you are released from
custody or terminated from parole. It is possible for you to apply for this you just need to
wait the appropriate time period.
Answer Applies to: California
Replied: 11/12/2010
Wise Law Group
Wise Law Group | Michael J. Wise, Esq
The process involves filling out a petition and submitting it to the Court you were convicted in. It is fairly simple. An attorney would be able to help you with the process.
Answer Applies to: California
Replied: 11/11/2010
Law Office of William R Fuhrman
Law Office of William R Fuhrman | William R Fuhrman
Although you refer to a "prison" commitment for violation of probation, it sounds like you were really given "local" custody from the entirety of your question. If that is true, then when you are near the end of probation, you can file an application for expungment of the conviction, which is a written form that is filed with the Office of the District Attorney and the Court that sentenced you. It has several questions that you must accurately and completely answer in detail. The Judge will have discretion to grant or deny the request ... your overall performance on probation, your being free of further arrests, and your now having a constructive and positive life will be important.
Answer Applies to: California
Replied: 11/11/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    If you went to prison you are on parole not probation. Convictions that result in prison sentences whether initially or the result of a probation violation cannot be expunged (sealed does not apply in California).
    Answer Applies to: California
    Replied: 11/11/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You cannot get an adult record sealed. You can get it expunged under Penal Code 1203.4. You can google California Penal Code and read it. The trouble with expungment is that it is essentially worthless. All it does is add, under your conviction on the record, another entry which says you received relief under 1203.4. If the underlying offense was a crack cocaine sale you cannot reduce it to a misdemeanor. When you apply for that relief you cannot be on probation, parole, or have any criminal charges pending.
    Answer Applies to: California
    Replied: 11/10/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    If you were ever sentenced to state prison, unfortunately, you are not legally eligible to get this conviction "expunged". Your only option is a governors pardon. This is extremely difficult to get. Fewer and fewer are granted every year, and I believe Schwarzenegger has issued only a few dozen out of what are probably thousands of applications.
    Answer Applies to: California
    Replied: 11/10/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you have served prison time, or been sentenced to prison, even if you were given probation instead or serving the time, you can NOT get it expunged. notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
    Answer Applies to: California
    Replied: 11/10/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Once you are done with probation in a year, you will need to hire a lawyer to do a 17b motion to reduce the felony to a misdemeanor. After that motion is granted (if it is granted), the attorney can then file a petition to expunge the misdemeanor.
    Answer Applies to: California
    Replied: 11/10/2010
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