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Asked over 3 years ago - Irvine, CA
FlagI got 2 Exhibition of speed tickets a little more than 5 years ago. Will a judge expunge those for me? if so, how long is the process?? Will i have to wait months to finally see those come off? or do they come off right when the judge orders it?
Your situation depends on certain circumstances. First question -- were they misdemeanors or infractions. Infractions can't be expunged. Second question -- was probation granted. If so, have you completed all the terms of probation. You must successfully complete the terms of probation before applying for an expungement. Alternatively, if probation wasn't granted, you must wait at least one year and have led a morally upstanding life since the conviction date. Either scenario presumes that you haven't obtained any new criminal convictions. Third question -- was your second exhibition of speed acquired while you were on probation for your first exhibition of speed? If so, then your second exhibition of speed is a violation of probation and may affect your ability to expunge the first exhibition of speed. The expungement process varies from county to county. Assuming your case is in Orange County, the process takes about 3-4 months. If you have any other questions or need assistance in the expungement process, you can contact my office or any experienced criminal defense attorney on this site.
Under California law, these offenses are misdemeanors. There is no provision of law making them infractions. They are eligible for expungement under Penal Code Section 1203.4 or 1203.4a. As indicated above, the timing may of the violations may affect your eligibility, but judges in Orange County often overlook these technical requirements. In order to file the petitions, you must not be facing any current charges.
Negotiating a resolution acceptable to you given the circumstances of your case will take an attorney familiar with the policies and procedures of the court to increase that likelihood.
Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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