I am a first time offender (public intoxication misdemeanor). It has been one year since I was charged. No probation only paid off court fees etc.
If you have paid all court fees and fines, you can file a motion under Penal Code 1203.4.
This is often referred to as "expungement" which infers that it is erased from your record Unfortunately that is not true. It does add an annotation to the record showing the case as being dismissed. In some circumstances that is quite helpful, but if someone does a Department of Justice background check, they will still find the case.
You may be able to get the needed documents online, and file the motion yourself, but is would probably not be that expensive to hire an attorney to do it for you, and a criminal defense attorney can make sure it is filed correctly.
Any answer given by me on this website is not reliable legal advice because it is based on the limited information posted by the asker. The answer specifically does not establish any attorney/client relationship and is meant solely to give general advice with the hope that the asker has a better understanding of how to proceed with their legal issue.
This is probably an infraction. CA does not have true "expungements" but you may file a PC1203.4 Petition for Dismissal. Good luck.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
There is no true "expungement" in California. You can file for a retroactive dismissal under Penal Code 1203.4 or 1203.4a, depending on whether it was a misdemeanor or infraction.
It's not terribly complicated, but an attorney can file the appropriate paperwork and perhaps get a hearing date sooner than you could. The fee shouldn't be excessive.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Yes, you could file a PC 1203.4 Petition for a dismissal on you own or you could have an attorney file one for you. In most cases, firms charge only a reasonable fee. Keep in mind, if granted, it does not permanently remove the case from your record. It will show that the case has been dismissed. It is often referred to as an "expungment," which is somewhat a misleading term. Best of luck.
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