Stephanie Michelle Arrache Indio Criminal Defense Attorney
Posted over 14 years ago.
First, you may want to tell the courts that there is no such things as an
expungement, as they still refer to a 1203.4 as an expungement. Dismissal
and expungement are used interchangeably. I invite you to peruse the
following link for proof: http://www.courts.ca.gov/1070.htm. Second, you
may want to brush up on 1203.4 if you are going to be advising clients.
The code specifically states "or in any other case in which a court, in its
discretion and the interests of justice, determines that a defendant should
be granted the relief available under this section." Thus, a court has
discretion to grant an expungement when it feels ready. San Bernardino and
Riverside counties both allow the 1203.4 to be filed half-way through
probation as long as the terms have been complied with and any fines, jail
time, community service and classes successfully completed. You may want
to check sources before calling out another lawyer, as it only makes you
look foolish.
Chris J Feasel Criminal Defense Attorney
Posted over 14 years ago.
Ms Arrache: my comment was not meant to insult your intelligence or experience. You will find that every attorney on avvo agrees that there is no expungement in CA no matter what people still call 1203.4 motions. I would suggest that instead of taking offence you try to learn from the many attorneys here who have been practicing law longer than you have.
Stephanie Michelle Arrache Indio Criminal Defense Attorney
Posted over 14 years ago.
I checked my response with the criminal law specialist who has been in practice for 45 years, and with whom I engage in practice and he agrees with me. You are arguing semantics, while we engage in actual practice. The CR-180 only recently changed in name from expungement to dismissal, and in effect, it is still the same. And, obviously not "every lawyer agrees" as there is a lawyer's comment just above mine who calls it an "expungement". Please don't mistake my not backing down with being offended. And please don't mistake my years in practice with ignorance or a lack of information. While I don't doubt that you're an excellent attorney, you're arguing semantics. And we should just leave it at that.
Chris J Feasel Criminal Defense Attorney
Posted over 14 years ago.
First, there is no expungement. See my prior answer. Second, I know of no counties that do that while the person is still on probation - which would be in direct contradiction to what the code says. Rather, anyone still on probation must get the court to terminate their probation early AND THEN get the 1203.4 dismissal.