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Can I completely remove an expunged/sealed case that was in 2004?

Pasadena, CA |

I was charged with false information to a police officer. I was under age drinking, bar going and gave the officer another person's I.D. that I was using.

I was not a miner at the time of the arrest (20 yrs old) but was extremely under the influence of alcohol.

Attorney Answers 3

Posted

California does not offer true expungement, only post-conviction dismissal under Penal Code sec 1203.4. That remedy does not delete, remove or seal your record, but it adds an additional entry re the fact of the dismissal. You are not eligible for sealing of the record if you were an adult at the time of your conviction. The fact that you were severely impaired by alcohol is irrelevant for these purposes.

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Asker

Posted

Christine you answered my question. So there are no options in having a sealed/expunged case completely removed. Another words, you can't go back and fight a sealed case to completely remove it from existence.

Christine C McCall

Christine C McCall

Posted

You don't have a sealed case unless you obtained a specific order of the Superior Court re sealing for a juvenile adjudication or unless you successfully Petitioned under Penal Code sec 851.8 and obtained an Order re Factual innocence. If you have a sealed case via one of those processes, there is no need to "remove it from existence." Sealed, in the unlikely event that is what you have already obtained, is as close to "completely removed from existence" as is possible short of actual destruction. Actual destruction will occur at statutorily specified intervals as to cases that are, in fact, actually sealed.

Posted

The age of the conviction is on your side, 2004, and I am assuing it was for a misdemeanor charge. You certainly appear to be eligible for the relief you are seeking. As to how likely it is that the Judge will grant it, that can get complicated. Factors include your performance on probation and whether you were rearrested and convicted of new offenses. I have two offices close to you in Pasadena, and my Downtown office is probaly 11 minutes away if you would like a consultation. You can contact me through my website:

www.losangelesdefenders.com

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Posted

Short answer: Yes!

Longish answer: Yesssssss!! But seriously, yes. If you haven't been in trouble since, and followed all of the court's orders regarding your conviction, you will likely be able to get this charge expunged.

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Christine C McCall

Christine C McCall

Posted

"Completely remove"? How so?

Brent Thomas Gleason

Brent Thomas Gleason

Posted

You are correct. I read the question incorrectly. I understood the question as to asking about expunging the record.

Asker

Posted

I still appreciate your prompt reply Brent.

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