It happened in 2001. I have checked around and the cheapest service I can find is $795. Is there any other way to get it expunged? Any ideas on how to not spend as much? Maybe something more affordable...?
You are in luck by the whim of geography. The San Diego Superior court is one of the leaders in making this particular legal action a true DIY task. The S D court has prepared the full packet of forms and instructions and put the packet on-line:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO
MISDEMEANOR PETITION FOR DISMISSAL PACKET
(PENAL CODE §§ 1203.4 & 1203.4a)
FORMS INCLUDED IN THIS PACKET
General Information for Petitions for Dismissal – Misdemeanors
SDSC Form #CRM-202
Petition for Dismissal
SDSC Form #CRM-204
There are more affordable attorneys for misdemeanor expungements. Call around as many attorneys will give you a quote over the phone. You will still need to disclose the conviction to the nursing board, but it will help as the nursing board will look at it more favorable if it has been expunged pursuant to Penal Code 1203.4.
David M. Boertje, Esq.
750 B Street, Suite 3300
San Diego, CA 92101
Seems a little steep, but depends on the attorney's expertise, years of practice, etc. You're filing a PC 1203.4 motion if you got probation or 1204.3(a) if you didn't. You will need two forms, CR180 and CR181. If you need more help, you can contact one of the friendly attorneys here on Avvo. Best of luck, and you're smart for doing this, the Board of Registered Nursing does take evidence of expungement into consideration.
You can do it yourself. Get forms CR-180 and CR-181 and complete them yourself.
You can find them at: www.courts.ca.gov/documents
However, you should still consult with an attorney regarding the licensing issue. Merely because you get an expungement will not relieve you of the obligation to disclose the "dismissed" conviction. See California Penal Code 1203.4.
I would never recommend doing legal work yourself. That being said, if you have completed all requirements, you might be able to get a form from the local courthouse website which suits your needs. If the service you found is something on-line not run through a law firm, DON'T TAKE IT. It sounds overpriced anyway.
You should be able to find a high quality, locally experienced, criminal defense attorney to handle the paperwork for you for less than $795.
Beware though that a PC1203.4 dismissal ("expungement") may not put you in the clear 100% as it relates to nursing school and/or your future license.
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