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.
The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.
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
Law Offices of David M. Boertje, 750 B Street, Suite 3300, San Diego, CA 92101. Feel free to contact my office for a free consultation at (619) 229-1870
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.
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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 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
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
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.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555