Legal Question in Criminal Law in California

Ca. penal Code 470, 487 (A)

In 1999 I committed a crime of printing out duplicate copies of checks from an insurance agency. The crime didn't catch up to me until 5 years later in 2004. I was sentenced in 4/2005 to pay double the amount of money taken which was about $40,000. I paid the initial money I took which was $20,000 up front before sentencing. The remaining $20,000 they had me pay for their investigation fees I was to pay back over my 5 years of probation.

I completed my probation and paid all of my restitution back on time and in full. I had no problems at all during probation nor after as I have been off of probation for over a year. What i need to know is if i am able to file for record expunged?


Asked on 9/19/11, 11:32 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes, as long as no prison time was sentenced, whether served or not. Please feel free to contact me for the legal help you'll need.

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Answered on 9/19/11, 11:55 am
Anthony Roach Law Office of Anthony A. Roach

Both of those charges are what are known as "wobblers." That means that they can be charged as either a misdemeanor or a felony. If they were charged as felonies, but you did not do prison time, you can have them reduced to misdemeanors and expunged.

You can find detailed information on this page: http://www.courts.ca.gov/1070.htm

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Answered on 9/20/11, 3:35 pm


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