I want to begin expungement proceedings in California for a misdemeanor 3rd Deg. Commercial Burglary charge, but I currently have a DUI pending in Illinois. I understand that I cannot get an expungement if I have charges pending, but does this apply to a Califonia charges only?
Asked on 11/21/13, 12:56 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
California does not have anything classified as 3rd degree burglary. Penal Code section 460 makes it clear that there is 1st degree and 2nd degree burglary. You cannot petition for dismissal if you have other charges pending.
Answered on 11/21/13, 7:28 am
Terry A. Nelson
Nelson & Lawless
"does this apply to a Califonia charges only?"
No.
You do not qualify for CA expungement with any criminal charges pending anywhere. The law is intended to offer 'fresh start' to people who have proven they are now law abiding citizens deserving a second chance.
Once you have all charges resolved and behind you, feel free to contact me for help with the CA expungement.
Answered on 11/21/13, 11:37 am
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