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"Thank you for the free advice on expunging my felony arrest."
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El Paso, TX
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"Thank you for the free advice on expunging my felony arrest."
D. Garcia
El Paso, TX
This section is applies to people who were convicted to a misdemeanor charge in California. If you were arrested and not convicted, see the section on California arrest record sealing. California Penal Code section 1203.4 allows certain misdemeanor convictions to be expunged from a defendant's criminal record after the sentence is complete and additional requirements (described below) are met. Generally, the process requirest that the defendant file a motion with the court, notify the district attorney, pay filing fees ($0 to $240) and appear in court to argue in favor of the motion to dismiss (expunge) the conviction.
Inforamtion about eligibility coming soon.
Inforamtion about benefits coming soon.
The process of misdemeanor expungement varies by county and often requires adversarial interaction with a district attorney, probation department and the court. Only a licensed attorney can act on your behalf; so make sure to avoid self-described "paralegals" or "form processors" who claim they can represent you or advise you (for more information on the dangers of some of these low-end services, see the section on avoiding form processor scams). There are several law firms that specialize in expungement in California. When hiring an attorney verify their state license number and ask the following questions: (1) Do you specialize in record clearing (2) do you give a money back guarantee (3) does the price include filing fees (4) does the price include sending an attorney to court for any and all hearings (5) Is there a flat-fee or is it billed at an hourly rate.
Every county has a publlic defender's office. If you meet low-income qualifications, the public defender may help you expunge your misdemeanor. However, there are often excessive delays as the pubic defender's office is primarily concerned with cases that will soon go to trial. Each county also has a bar association. You can call your county's bar association and ask if there are sources of free legal aid. You can also find information about your court's local rules and procedures at your county's law library. If you meet low income requirements, courts will waive their filing fee and some attorneys will lower their price.