Former Senior LA Prosecutor. Harvard Law School Educated. As a result, anyone considering an expungement motion should first consult with an experienced Glendale criminal defense lawyer. As it currently stands, once someone has successfully completed probation on his or her case, he or she can file a motion with the court that imposed the sentence asking the court to retroactively dismiss the case.
This motion is made under California Penal Code Section The hearing may require the introduction of evidence or the presentation of testimony, and if the defendant is not familiar with court procedure or the Rules of Evidence he or she would be at a major disadvantage.
If the defendant wins the motion under California Penal Code Section Relief under Section In addition, certain offenses, such as sex crimes , are specifically barred from relief under the statute. If the petitioner is successful in having his expungement motion granted, the underlying conviction will not be completely removed from the record. For driving under the influence offenses in Glendale , earlier DUI convictions could still be used to enhance future DUI cases even if they have been expunged.
Someone who has had a prior conviction expunged from their criminal record may still be required to inform licensing agencies about the prior conviction when asked.
In addition, the expungement may not lift a firearm restriction that was imposed as a result of the original conviction. For felony convictions, an expungement can be granted if the offense has first been reduced to a misdemeanor offense.
