charges were 1) 487 (A) PC-F okay here is my situation as of this Friday 5/6/2016 , my restitution will be paid in full and my probation was only until 2010. now that the full balance is paid off and I'm done with my probation can I get my record expunge. I remember my previous lawyer years ago told me he worked out a deal my record will be expunge after everything was paid . I also in 2008 received a letter from my probation person that my probation was " banned" and I didn't need to do anything. Any help on what should i do to make sure My record is clean and it gets expunge. (never did any jail time) since i had never had any previous records or bad history
again: I was done with my probation back in 2010 and as of Friday the full balance will be paid in full. do I need a lawyer or can I do this on my own.
Probation "banned" does not make an sense. If you have completed probation and paid all restitution you may file a PC1203.4 Petition for Dismissal--wrongly called an "expungement" by too many lawyers. If granted, this will not erase it from your record but will add a notation that the case is dismissed. If you can find the petition on line and know how to complete it, you can do this yourself, but if you want the best result, it's best to retain an attorney. Good luck. You may want to consider a motion to reduce to a misdemeanor if not a petition to reduce per Prop. 47 if you qualify.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I think you should consult a lawyer here to help you. I do not know what "probation was banned" means? And perhaps there was a deal in place at the time of the original plea for this to be dismissed? (I ask because you mentioned something to this effect). But if not, you need to consult with a lawyer. This could possibly be reduced to a misdemeanor (per Penal Code section 17(b).) And there really is no 'expungement', as penal code section 1203.4 actually, technically dismisses the case, which is great and totally worth while but it will Not completely scrub this clean from your record (which it sounds like you're hoping for, and a lot of people are misinformed about.) See a lawyer. Good luck.
You should consult the attorney you retained in the original case to discuss what he or she discussed regarding the "expungement." It will help to have the restitution paid in full before petitioning for relief pursuant to PC 1203.4 to have the conviction set aside and the case dismissed. In general, before doing so, it is a good idea to have the charge reduced to a misdemeanor pursuant to PC 17 (b) because if it is granted, the conviction would be a misdemeanor for all purposes under California law. Prop 47 reduction to a misdemeanor may or may not apply depending on the dollar amount. If the attorney who represented you is no longer available, consult an experienced criminal defense lawyer in the county where the conviction took place for the best answer and help.
California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.
So - paying restitution and staying out of trouble is good - but it won't change that you cannot truly expunge anything.
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.
You can contact the public Defender's office and have them submit the request for expungement PC 1203.4 or you can obtain the forms yourself from the Law Library in Riverside. After you file the form in the court clerk's office it will be reviewed and likely granted in your case. You can contact any criminal attorney to prepare and file the paperwork for you for a nominal fee.
This answer does not establish an attorney client relationship. The response to the question is based solely on the information provided in the question and may not be accurate. Always confirm this information with a licensed attorney that practices regularly in the indicated areas of law before relying on any answer provided.
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