Recent Posts in Expungement Category
Posted on Jan 19, 2012 By Christine McGuire
Under previous law, the misdemeanor and infraction dismissal statute (Penal Code Section 1203.4a) was read to prohibit relief if the person re-offended during the first year after being sentenced. The ...
Continue reading "Expungement of Criminal Records" »
Posted on Nov 2, 2011 By Christine McGuire
Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In ...
Continue reading "Order to Seal a California Record" »
Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Feb 11, 2011 By Christine McGuire
A wobbler is an offense that is chargeable either as a felony or as a misdemeanor without the imposition of the sentence. When a judge grants felony probation on a crime that is a wobbler, the judge ...
Continue reading "Reduction of Felony to Misdemeanor" »
Posted on Jan 28, 2011 By Christine McGuire
A person who as a minor was arrested for a misdemeanor offense may have the arrest record of the misdemeanor offense and his or her juvenile court record related to the misdemeanor offense sealed if ...
Continue reading "Juvenile Misdemeanor Arrest and Citation Records/Expungements" »
Posted on Jan 18, 2011 By Christine McGuire
Finding of Factual Innocence. Pursuant to Penal Code Section 851.8 a person who is factually innocent of a crime whether a misdemeanor or felony may be able to have his or her criminal records sealed ...
Continue reading "Cleansing and Sealing of Criminal Records/Expungements" »
Posted on Jan 12, 2011 By Christine McGuire
Once a person successfully completes a drug diversion program pursuant to Penal Code Section 1000.5 or a deferred entry of judgment program pursuant to Penal Code Sections 1000, 1000.8, the Court on ...
Continue reading "Sealing Records after Successful Completion of Penal Code Section 1000 or 1000.5 Program " »
Posted on Jan 10, 2011 By Christine McGuire
Records of marijuana arrests and convictions are automatically destroyed two years after the arrest or conviction when the marijuana case involved simple possession of marijuana, possession of ...
Continue reading "Marijuana Arrests and Convictions/ Expungements" »
Posted on Oct 18, 2010 By Christine McGuire
When a judge grants probation to a person who has pled to or been found guilty of a f elony criminal offense that can be charged either as a felony or a misdemeanor without imposing sentence, the ...
Continue reading "Reduction of Felony to Misdemeanor" »
Posted on Oct 16, 2010 By Christine McGuire
The methods for cleansing misdemeanor and felony arrest and conviction records vary depending on the criminal charge and the disposition of the misdemeanor or felony criminal case. Methods may include ...
Continue reading "Expungements and Filing Fees" »