felony case expungment
Convicted of a drug felony case in 1993 and did stste prison time (3 years). Want to get this case expunged or sealed what is the proceedure or sections of the law that cover this action?
Asked on 12/13/04, 11:07 am
2 Answers from Attorneys
Robert Miller
Robert L. Miller & Associates, A Law Corporation
Re: felony case expungment
Thank you for your inquiry, and the opportunity to serve you further.
Penal Code section 1203.4 is the expungement statute you asked for. It's recommended that you get an attorney to handle your petition, and if you'd like assistance, I'm more than happy to help.
Feel free to email me directly at rmiller@expertlawfirm.com for further questions.
Answered on 12/13/04, 2:24 pm
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: felony case expungment
Felony convictions cannot be expunged. Some can be reduced to misdemeanors which can then be expunged, but the only felonies which can be reduced are those which resulted in less than a year behind bars. Based upon the facts you have provided it seems you would not be eligible.
It is extremely rare for the courts to agree to seal an adult's records. You would need extraordinarily compelling reasons before the court would agree to something like this, and the fact that you don't want it on your record is not nearly enough.
Sorry I can't be more encouraging.
Answered on 12/13/04, 3:55 pm
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