If you took a plea of an armed robbery to not serve jail time before the strike law existed, can it be expunged? 2 Answers as of August 04, 2011

In 1990 my cousin at that time was a minor and was influenced to take a plea bargain of a 211 (armed robbery) but no robbery was ever committed they promised no jail time. He took it but in 1994 the strike law came in effect in California and he is an adult then and just finished serving 7 years for a new charge but has to serve 7 more years due to the strike. Is it possible to expunge the strike being that he was a minor and the strike law did not exist when he took plea?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
An expungement does not prevent the convictions or juvenile adjudication from being alleged as a strike. Nor does it matter that it occurred before the passage of the 3 strikes law.
Answer Applies to: California
Replied: 8/4/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
An expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. The 3 Strikes law is fully retroactive, all prior qualifying convictions apply, no matter how old. The general rule is: Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.
Answer Applies to: California
Replied: 6/8/2011
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