Legal Question in Criminal Law in California

Re: restoration of civil rights

Assuming you're talking about a California conviction, if he served, or was sentenced to, any prison time, he is ineligible for 'expungement'. His remedy is to seek a court order restoring rights. That requires a Motion and Application to the courts, supported by facts and evidence sufficient to convince a judge that it is an appropriate thing to do. Contact me if serious about getting this started.

Re: restoration of civil rights

If it was only a possession case and he did not go to prison and successfully completed probation a PC 1203.4 petition to the rendering court can reduce it to a misdemeanor, set aside the guilty plea and dismiss the case. Court fees are required for this. Forms are available to do this. If there was state prison time different rules apply and unfortunately a Certificate of Rehabilitation and Governors pardon are more complex paper work and usually reserved for existing California residents regarding California convictions...extraordinary relief via a writ process is a last resort.

( complex and could be expensive) I am unaware if Florida has any process to expunge out of state convictions?

Re: restoration of civil rights

I am going to assume the original conviction was in California. You stated your husband served time in 2000 for felony poss of meth. If he served his time in Jail then he is eligible for an expungement under 1203.4 of the penal code. However if his time was served in State Prison he is NOT eligible for this form of relief. However, he could bring a motion before the court requesting his civil rights be restored. It is not an easy motion to bring or one which is easy to convince a court should be granted. If you do decided to proceed with the motion you will need a good attorney and I would suggest contacting one near you with an excellent reputation or experience in these motions. Good luck

Re: restoration of civil rights

If conviction was in California and your husband received county jail time with probation (not state prison) then he is eligible for so-called "expungement." A motion to restore civil rights is also possible and can be successful if done by a skilled and competent attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com