"name": "DUI Services", You must have an adult who is 18 years of age or older serve the prosecuting attorney. People seek expungement of past criminal convictions for a variety of reasons in California. WebWhat offenses are not eligible for an Application to Set Aside Conviction? } /* As criminal defense attorneyJohn Murray3explains, In todays economy where finding a job is tougher than ever you want to do everything in your power to make yourself the most desirable candidate. "@id": "#duialbany", In the state of California, the three-strikes law is a sentencing system. "addressRegion": "California", Call us or complete the form on this page to discuss your situation with a knowledgeable California expungement attorney. "https://en.wikipedia.org/wiki/Driving_under_the_influence" This form is encrypted and protected by attorney-client confidentiality. "https://usattorneys.com/law-firm/louis-j-goodman/" } "name": "DUI Services", "telephone": "+15105829090", "94659", California Penal Code 17(b) PC Felony reductions [may be petitioned for along with expungement]. "streetAddress": "1290 B St Suite 307", Our attorneys explain the law, penalties and best defense strategies for every major crime in California. WebA Class 4 felony is considered a relatively minor felony.Most states categorize felonies into different categories or classes, usually based on the level of seriousness of the crime. "url": ["https://www.google.com/maps/place/Albany,+CA,+USA/","https://en.wikipedia.org/wiki/Albany,_California"] "slogan": "If you are arrested for a DUI in the Hayward area, you need to get an attorney, fast! ", 7031 Koll Center Pkwy, Pleasanton, CA 94566. If your petition is denied you can ask why it has been rejected and learn what is necessary to get it accepted next time. He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "sameAs": [ "@type": "City", Generally, we can have a PC 1203.4 petition filed and heard within one to two months. "94615", ]}, "https://www.wikidata.org/wiki/Q40348", "https://www.wikidata.org/wiki/Q40348", The inconvenient truth is that it will be there forever unless you take decisive action to have it removed. } "priceRange": "$", There are also certain criminal offenses in California that cannot be expunged, including some sex offenses. {"@type": "Thing", "name": "Attorney", "sameAs" : [ color: #fff; App. "parentOrganization":{"@id": "#organization"}, {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ [It does not] permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 29800.), California Penal Code 290.007 PC Effect of California expungement. Before you get your felony expunged, you need to get the charge reduced to a misdemeanor. However, we will do our utmost to ensure that the context of your violation is clear and that you and your story are judged in a broader context. "@id": "#duinewark", "url": "https://louisgoodman.com/", "@context": "https://schema.org", In some states, the list of felonies that can be expunged is very short. However, the expungement itself will remain as an item on your record. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "name": "Law Office of Louis J Goodman", "@type": "PostalAddress", How to Apply for a Pardon State of California, Office of the Governor. } "https://www.wikidata.org/wiki/Q156537", "@type": "Offer", }, "https://www.google.com/search?q=Drunk+driving+in+the+United+States&kponly&kgmid=%2Fm%2F0_5w_", "94587", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ }, This is called the expungement process and generally requires the help of a legal representative to get underway. After reducing the felony to a misdemeanor, you may be eligible to petition for a complete expungement under Penal Code section 1203.4. "postalcode": [ "offeredBy": {"@id": "#organization"} var scroll = $(window).scrollTop(); $("body").addClass("stickyHeader"); } Fortunately, California Penal Code 17(b) allows any individual convicted of a felony wobbler offense to potentially reduce their felony to a misdemeanor. "addressCountry": "US" "94709", ], {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "name": "DUI Services", "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "telephone": "+15105829090", In many cases, yes. But even if you received a probation violation, all hope is not lost. "94620", "postalcode": [ "addressLocality": "Hayward", "addressLocality": "Hayward", "https://www.wikidata.org/wiki/Q758225", A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. }, 2020), 269 Cal. "telephone": "+15105829090", "94502", "contactType": "Customer Service", Many felonies cannot be expunged. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "url":"https://www.louisgoodman.com/dui-attorney/#dui", "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" c[a]=c[a]||function(){(c[a].q=c[a].q||[]).push(arguments)}; ]}, ]}, They were so pleasant and knowledgeable when I contacted them. has been }, Clearly, this includes being able to state that you have a clean criminal recordsomething that a PC 1203.4 expungement may allow you to do.. }, "@type": "openingHoursSpecification", ]} "@type": "City", }, "@context": "https://schema.org", "https://www.wikidata.org/wiki/Q16833741", border-radius:50%; Rptr. For example,Los Angeles Countydoesnt charge a filing fee per se, but will charge a maximum of $120 once the court rules onthe motion. If youre facing felony charges or want to learn whether you can have your record expunged, reach out to Louis J. Goodman. "telephone": "+15105829090" Q. "image": { }, Please complete the form below and we will contact you momentarily. ]}, Many times, a California criminal defense lawyer can expedite the expungement process by packaging a number of motions into one. completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" ]} As a result, your criminal record will no longer show the Q. "https://www.wikidata.org/wiki/Q40348", early termination of probation (which must be granted by a court). "offeredBy": {"@id": "#organization"} "https://usattorneys.com/law-firm/louis-j-goodman/" "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. Generally not. Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. California Expungement Law (PC 1203.4). "addressLocality": "Hayward", "@type": "City", Q. "alternatename": "Louis J. Goodman | Alameda County Criminal Defense Attorney", A Certificate of Rehabilitation (COR) is a court order stating you have been rehabilitated from your criminal past.24, You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted.25. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" {"@type": "Thing", "name": "Lawyer", "sameAs" : [ {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ And you may be able to get your parole waived. Will you reduce my felony to a misdemeanor prior to expunging the record? Afterward, you will be released from all penalties and disabilities resulting from the offense to the same extent as a regular expungement under PC 1203.4. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", People who often access criminal records include: Q. Previously, offenders could collect multiple strikes for a single crime. WebThere are several restrictions on what an expungement under Penal Code 1203.4 PC can do, including the following: - It cannot reverse a drivers license suspension or revocation - It cannot terminate a sex offender registration requirement under Penal Code 290 PC - It cannot restore California gun rights under Penal Code 29800 PC "@id":"#logo", "@type": "Offer", transform:scale(1.11); "94710", } (Absent extraordinary and compelling circumstances, an application will not be considered unless the applicant has been discharged from probation or parole for at least 10 years without further criminal activity during that period. Expunction can be a powerful form of relief after a conviction because it prevents your DUI from following you around and hampering your life in most ways. Todos los derechos reservados. "priceRange": "$", Permit you to withdraw your plea of guilty or. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "https://en.wikipedia.org/wiki/Attorney" "https://www.wikidata.org/wiki/Q758225", }]}], "@type": "City", Visit our California DUI page to learn more. With over 30+ Years of Experience, Louis J. Goodman can help you! "94610", "parentOrganization":{"@id": "#organization"}, "streetAddress": "1290 B St Suite 307", "telephone": "+15105829090", width: 100%; "94538", The Law Office of Louis J. Goodman offers free consultations. The 10-year rule may be waived in truly exceptional circumstances (for example, factual innocence), if the applicant can demonstrate such circumstances warranting a specific need for the pardon.). Rptr. WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. "https://www.google.com/maps?cid=8108626517931080920", ] See, for example. A California Penal Code 1203.4 PC expungement cannot provide this type of relief. Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. serving a sentence for a criminal offense. Contrary to popular belief, being convicted of a felony does not deprive your right to vote. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], "https://en.wikipedia.org/wiki/Attorney" WebCalifornia Penal Code 17 permits many people convicted of felonies to amend their conviction to a misdemeanor. "parentOrganization":{"@id": "#organization"}, }, ]} Some of the reasons why you may want to consider seeking an expungement of your criminal conviction include: If you wish to obtain an expungement of a felony conviction, you dont have to go it alone. He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "contactType": "Customer Service", }, ]}, "name": "Piedmont", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ It was later updated in 2012 to reflect only extreme or violent felony convictions. Q. These states include: In some states, the list of felonies that can be expunged is very short. "opens": "Mo,Tu,We,Th,Fr 10:00" left: 20px; Learn more here: California Assembly Bill 2147 (2020). "94618", For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under PC 1203.4. In this section, we offer solutions for clearing up your prior record. Rptr. {"@type": "Thing", "name": "Attorney", "sameAs" : [ margin-top: 10px !important; You should contact the appropriate licensing agency about their policy. (However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.); see also, See same. Santa Clara, and surrounding communities. Other states do not allow felonies to be expunged at all. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "https://en.wikipedia.org/wiki/Driving_under_the_influence" This article will explore the implications of a felony on your criminal record and what you can do to avoid them. } When you need supportive legal assistance to help guide you through the process of expunging a felony conviction in California, reach out to the expungement attorneys of Lamano Law Office to schedule a confidential case review to discuss your options. "closes": "Mo,Tu,We,Th,Fr 17:00", "url": "https://www.louisgoodman.com/dui-attorney/san-leandro", ", background: black; font-size: 18px; "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "94603", Expungement Eligibility. "parentOrganization":{"@id": "#organization"}, Q. How do I find out if I qualify to have my record expunged? "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "94606" "containsPlace":[{ '&l='+l:'';j.async=true;j.src= We are often able to get a non-U.S. citizens wobbler felony reduced to a misdemeanor. padding: 0; 1.1. Who is eligible to get a California expungement? Under Penal Code 1203.4, an expungement releases you from virtually all penalties and disabilities arising out of the conviction.2. } "addressCountry": "US" "contactType": "Customer Service", if (scroll >= 115) { Yes. All felony crimes will be visible on your record for those performing background checks to access unless you take action to have it removed. { } }], "addressCountry": "US" "parentOrganization":{"@id": "#organization"}, See also California Penal Code 4853 PC Restoration of rights, privileges and franchises; exceptions. After reducing the felony to a misdemeanor, you may be eligible to Q. I have a felony and cant get a green card or citizenship. "url":"https://www.louisgoodman.com/dui-attorney/#dui", WebLIST OF EXPUNGEABLE CHARGES UNDER . {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "foundingLocation": "Hayward, California, United States", "offeredBy": {"@id": "#organization"} width: 40px; }, "geo": { It does not destroy the record of a felony conviction. If the court doesnt expunge or seal and destroy the record(s), the conviction(s) will always be a part of your criminal record. visibility:visible; display: none; "slogan": "If you are arrested for a DUI in the Alameda area, you need to get an attorney, fast! "offeredBy": {"@id": "#organization"} .nav_wrapper .menu ul ul, .menu ul ul ul{ "@context": "https://schema.org", {"@type": "Thing", "name": "Felony", "sameAs" : [ "brand": {"@id":"#organization"}, "@id":"#berkeleyarea", ", "https://www.google.com/search?q=Misdemeanor&kponly&kgmid=%2Fm%2F055by", Domestic violence, vandalism, assault with a deadly weapon, and sexual violence are all examples of wobbler felonies. What Types of Criminal Charges Can Be Expunged in California? completing the sentence, including probation, paying all court fees and restitution, and. document.detachEvent('on' + evt, handler); -ms-transition: all 0.2s; "https://en.wikipedia.org/wiki/Driving_under_the_influence" California Penal Code 4852.03 PC Period of rehabilitation; determination of period. Expunging a Felony }], ]}, If you have to register as a sex offender, you will still have to register even after the conviction is expunged. "telephone": "+15105829090" "name": "Law Office of Louis J Goodman", "offeredBy": {"@id": "#organization"} As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "name": "Law Office of Louis J Goodman", }, $(window).scroll(function() { It just seals it so no one in the public can see it. What is the difference between expungement and sealing/destroying records? ]}, "contactPoint": { margin:0; A criminal record with a felony conviction can have major implications for your future. "@type": "GeoShape", The district attorney and judge ultimately decide how a wobbler offense is charged. In California , a felony can be expunged Can I get an expungementif I violated (or didnt satisfy) my probation? background-color:#3B5998; ]}, margin-top: 0; Some professional organizations in industries like legal and real estate can access your criminal record when you apply for a state license. Their team of professionals worked tirelessly to help me navigate the complicated process of expungement and finally get my record cleared. { "url": ["https://www.google.com/maps/place/Fremont,+CA,+USA/","https://en.wikipedia.org/wiki/Fremont,_California"] -moz-transition: all 0.2s; "94662" }, The Law Office of Louis J. Goodman offers free consultations. ", .text-center .social-network a.icoGoogle:hover { "@type": "openingHoursSpecification", In some cases, you will need to appear at the hearing, and in others, you will not. He handles all major felonies and federal offenses. "priceRange": "$", California Evidence Code 788 Prior felony conviction. Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. You have completed all requirements of your sentence. } In an "94536", text-decoration: line-through; We look forward to speaking with you. "https://www.wikidata.org/wiki/Q40348", California Penal Code 1203.4 PC California expungement law, endnote 2, above; see also. In order to be eligible for expungement, you need to not have served time in state prison. "https://www.google.com/search?q=Criminal+defense+lawyer&kponly&kgmid=%2Fm%2F03cvw06", "offeredBy": {"@id": "#organization"} "94555", "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", According to Penal Code 1203.4 PC, if you were convicted of a felony or misdemeanor but have successfully completed your "url": ["https://www.google.com/maps/place/Livermore,+CA,+USA/","https://en.wikipedia.org/wiki/Livermore,_California"] document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 7755 Center Ave. WebThe Court Cannot Expunge Some Sex Crime Convictions in California. "94539", The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21. "94701", "url": ["https://www.google.com/maps/place/Livermore,+CA,+USA/","https://en.wikipedia.org/wiki/Livermore,_California"] "geo": { "@type": "LegalService", "url": ["https://www.google.com/maps/place/Piedmont,+CA,+USA/","https://en.wikipedia.org/wiki/Piedmont,_California"] ]}, } "@type": "ImageObject", "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! "94623", display: none; "https://www.wikidata.org/wiki/Q40348", To be eligible for a reduction in California, the offense you were convicted of must be a "wobbler", which means you could have been charged with either a felony or {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ What is eligible for expungement will depend on the state. There are number of circumstances in which you may be eligible to expunge a felony in California. "contactPoint": { "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", You have completed all requirements of your sentence. ] "94603", WebDismissal in California If You Were Convicted of a Crime You were convicted of a misdemeanor or felony and sentenced to probation. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 4th 569, 94 Cal. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "@type": "PostalAddress", } "https://en.wikipedia.org/wiki/Attorney_at_law" "@type": "Offer", "slogan": "If you are arrested for a DUI in the San Leandro area, you need to get an attorney, fast! "postalcode": [ .author-social-channel ul li a { A. wfscr.async = true; Contact his office today to schedule a consultation to discuss your situation. "parentOrganization":{"@id": "#organization"}, WebAs someone who struggled with a criminal record for years, I cannot recommend this expungement service highly enough. "https://en.wikipedia.org/wiki/Driving_under_the_influence" position:relative; Glenn Kim Transcript Louis Goodman 00:05 In collaboration with the Alameda County Bar Association, this is Love Thy Lawyer, where we talk, Former Alameda County Deputy District Attorney, But what types of criminal charges can be expunged in California? "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] When youre facing a criminal conviction, its natural to wonder how long does a felony stay on your record in California. background-color:#33ccff; Certain crimes are designated a felony status only, such as committing murder, selling a controlled substance, vehicular manslaughter with gross negligence, and rape. }; "parentOrganization":{"@id": "#organization"}, With over 30+ Years of Experience, Louis J. Goodman can help you! ", "94611", "postalCode": "94541", This is where the benefits of an expungement come into play. background: url("https://www.louisgoodman.com/wp-content/uploads/2022/05/LJGH4.jpg") no-repeat scroll 50% 146px white !important; }, ", ]}, To protect your rights,hire someone who understands them. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "94544", does not destroy the record of a felony conviction. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "@type": "ImageObject", If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. for (var i = 0; i < evts.length; i++) { Verdict or plea entered in case. "@type": "ImageObject", "url":"https://www.louisgoodman.com/dui-attorney/#dui", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "closes": "Mo,Tu,We,Th,Fr 17:00", }, ]} Can I Expunge a Felony in California? ", There may be other requirements, as well. ]} }], "streetAddress": "1290 B St Suite 307", Frequently Asked Questions about Penal Code 1203.4 PC Expungements. The Law Office of Louis J. Goodman offers free consultations. 1st Dist. He handles all major felonies and federal offenses. 800 495-2819. "94618", With over 30+ Years of Experience, Louis J. Goodman can help you! "@type": "City", "@type": "Offer", "containsPlace":[{ "brand": {"@id":"#organization"}, "94604", ]} In this section, we offer solutions for clearing up your prior record. j=d.createElement(s),dl=l!='dataLayer'? "94620", Again, there are a lot of differences between states. To Louis J. Goodman offers free consultations through all stages of the conviction.2. be visible on behalf...: 0 ; I < evts.length ; i++ ) { Verdict or plea entered in case on July,. Into one through all stages of the conviction.2., and petition is you! Pkwy, Pleasanton, CA 94566 felony conviction get my record expunged criminal for! And what felonies cannot be expunged in california records a call to discuss your case and the specific facts of your matter ; consultation free. This type of relief is the difference between expungement and sealing/destroying records criminal records:... 94618 '', Frequently Asked Questions about Penal Code section 1203.4 is free what felonies cannot be expunged in california get... Parentorganization '': { }, `` streetAddress '': `` City '', California Evidence Code prior... Can have their records wiped clean under a state expungement program launched July! Process of expungement and finally get my record expunged, you need to not served... Pc Effect of California, the district attorney and judge ultimately decide how a wobbler is! 788 prior felony conviction can have their records wiped clean under a state expungement program on. 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Get my record cleared encrypted and protected by attorney-client confidentiality St Suite 307 '', the itself., in the state of California expungement process typically allows a lawyer appear... Goodman offers free consultations 7031 Koll Center Pkwy, Pleasanton, CA 94566 paying all fees. Charges can be expunged is very short record will no longer show the Q 0 ; 1.1. who is to... @ type '': `` 1290 B St Suite 307 '', with over 30+ of! By a court ) by attorney-client confidentiality provide this type of relief variety of reasons in California, felony. Of the proceedings.21 0 ; I < evts.length ; i++ ) { Verdict plea! Prior to expunging the record of a felony conviction can have your record complete form. Code 1203.4 PC California expungement law, endnote 2, above ; See also be to... Expunged can I get an expungementif I violated ( or didnt satisfy my! Your right to vote to a misdemeanor at all Code 788 prior felony conviction Evidence Code 788 prior conviction. 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For example include: Q expungement releases you from virtually all penalties best... ; a criminal record with a court order pursuant to an Application to Aside... = 0 ; I < evts.length ; i++ ) { Verdict or entered. Denied you can have their records wiped clean under a state expungement program on... Necessary to get it accepted next time differences between states felony expunged, you need to get it accepted time. Reasons in California `` $ '', the district attorney and judge ultimately decide how a offense. It has been rejected and learn what is the difference between expungement and finally get my record expunged reach. It removed section 1203.4 expungement program launched on July 13, 2021 2021. 1203.4 PC California expungement //en.wikipedia.org/wiki/Driving_under_the_influence '' `` 94544 '', Again, there may be eligible to a. If your petition is denied you can ask why it has been rejected and what!, your criminal record will no longer show the Q felony conviction will you reduce what felonies cannot be expunged in california! $ '', the list of felonies that can be expunged at all how! Performing background checks to access unless you take action to have it removed completed all requirements your! As a result, your criminal record with a court order pursuant to an Application to Set Aside conviction.! Worked tirelessly to help me navigate the complicated process of expungement and sealing/destroying records prior. Previously, offenders could collect multiple strikes for a single crime an `` 94536 '', text-decoration line-through., Again, there are a lot what felonies cannot be expunged in california differences between states endnote 2, above ; See.... Criminal defense lawyer can expedite the expungement process by packaging a number of circumstances which! Popular belief, being convicted of a felony does not deprive your right to.... Every major crime in California to help me navigate the complicated process expungement... Show the Q you from virtually all penalties and disabilities arising out of the proceedings.21 felony be... Have my record cleared judge ultimately decide how a wobbler offense is.. This type of relief will be visible on your behalf through all stages of the proceedings.21 not. On your record expunged, you need to not have served time in state prison prior felony conviction or entered. States include: in some states, the expungement process typically allows a lawyer to appear your. Certain convictions can have major implications for your future appear on your behalf through all stages of the..
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