The policy of the DA in my county is to NEVER sign the form. I am considering filing a writ to force them to do it. Any thoughts?
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Nothing about misdemeanor probation in California inherently forbids you to go on this trip. HOWEVER, if one of the terms of your probation is to stay in the CA, then you must ask the judge for a modification of probation. Also, if you have a warrant out, you might be arrested when you return. Before you go, check the terms of your probation to see if there is a restriction on travel. Also, check with the county clerk to make sure you don't have a warrant. Other than that, you should be...
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There are several things to note regarding your question: 1) Any victim restitution still owing at the conclusion of probation or parole gets converted to a civil judgment against you, collectable by the victim (state of ca in your case) like any other money judgment. There is no "statute of limitations" on this. 2) If you went to prison, you are not eligible for an expungement. You would need to apply for a Certificate of Rehabilitation. Since the judge has the discretion to deny...
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Are you talking about "victim" restitution? Unpaid victim restitution at the conclusion of probation is usually converted to a civil judgment, which can be collected on by the "victim" in civil court, not by probation.
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An assault is an assault whether it occurs in the workplace or otherwise. First step is to call the police ASAP and make a report on the the assault. Tell them about the check too. Sonoma County rarely reports victims to Immigration and Customs Enforcement. Then, you might have an employment law / Tort law case. Consult with an attorney in your area.
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A quick clarification of Mr. Dinday's answer: Relief under Penal Code section 851.90 is subject to the court's discretion, so a motion has to be made. The judge can grant sealing of your records if he or she believes it's in the "interests of justice". If granted, you can tell anyone that you were never convicted, arrested, or diverted - UNLESS in connection with seeking to become a peace officer. Upon sealing, the DA, judge, probation, etc., will still have access to that information...
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Talk to a criminal lawyer in your county and ask them about a "certificate of rehabilitation". While this would not get the felony "off" your record, it is the best (and often the only) option when the sentence was prison.
You most likely won't have a problem leaving the country. HOWEVER, there is a good chance that you will be arrested on the warrant when you go through customs on your return. Also, the warrant may come up when you are processed through customs in Europe, as was the case with a client of mine who went to Canada. He was promptly put on a flight home and was arrested when he arrived.
Respectfully, Ms. Koslyn's advice is wrong. You have a complete defense to this ticket. The best way to present that defense is to hire an attorney who is familiar with traffic court issues in your area. It may cost as much or more than the ticket, but if you are successful, it will save your record, which is more valuable than money.
Even if you get it expunged, it can still be alleged as a prior strike if you get another felony.