Legal Question in Criminal Law in California

in 2003 I was charged with cashing a home made check. when it came down to me signing and getting sentenced I was led to plead guilty to residential burglary and took a strike for it. these 2 don't even go together. is there any way I could get this fixed? maybe re-open my case and give me the correct sentence for the right charge of cashing a home made check. I was 20 and mom just died and wanted out so I took the strike and signed. now im regretting it and kicking myself n the ass


Asked on 9/09/14, 5:15 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"reopen"? No way. You don't get 'do overs. Your time for motions or appeal of your voluntary plea conviction is long gone.

"fixed"? A little, maybe.

Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and a few other minor qualifications that are probably not in issue for you. With a 'strike' it sure sounds like you had a prison sentence. If so, no expungement impossible.

Buy, if expungement were possible and successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV.

Expungement would help in obtaining employment. When applying for most jobs in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 9/09/14, 11:45 am


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