How can I get my fraud charges expunged? - Criminal Law Questions and Answers- LawQA.com

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How can I get my fraud charges expunged?

I was convicted with the misdemeanor crime of fraudulent use of a credit card [484g(a) PC]. I was ordered by the court to do community service and pay fines and I was given 2 years probation. I am hoping to get the court to expunge my charges and get off of probation early. I have had a clean record since my conviction, and haven't even received a traffic ticket. What paperwork do I need to send to the court, and what do I need to do in order to get this expunged from my record? thank you!

Law Office of Peter F. Goldscheider
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You may either hire an attorney to file a motion with the court that could be heard within 30 days or do it yourself. If the latter the procedure depends on the county. Some are processed directly through the probation department; others are filed directly with the court clerk. The forms differ. If you want to do it on your own and since it appears you are entitled to an expungement (no new offenses or violations of probation), you should probably first contact the probation department of the county in which the conviction occurred and ask them about the procedure.

Answer Applies to: California
Replied: 1/17/2011

Answer By Lawrence Wolf
Law Offices of Lawrence Wolf
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You can get the forms on line or we can help you with them.

Answer Applies to: California
Replied: 1/16/2011

Answer By Terry Nelson
Nelson & Lawless
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The general rules and guidelines are: Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.

Answer Applies to: California
Replied: 1/16/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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You have to file a 'Motion to Terminate Probation', pursuant to Penal Code section 1203.3, and a Motion to Dismiss', pursuant to Penal Code section 1203.4. They are filed together. Many counties charge a fee. You will need to check with the Court Clerk of the County in which your were sentenced for their specific requirements. If you hire an attorney, who will probably do a more thorough and convincing job,the fee should be nominal. For example, I charge about $600 - $750 for the motion. Make sure that you hire a criminal defense attorney. Not one who practices every type of law under the sun and who just takes criminal defense cases to make quick money. You will not get what you pay for.

Answer Applies to: California
Replied: 1/15/2011

Answer By Philip De Luca
Law Offices of Philip P. De Luca
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You are eligible for an expungement after you have completed your probation (or if the court granted a request for early termination of your probation); and if you are not on probation for any new offenses, nor have any new charges pending against you. Also, if you served time in State Prison (as opposed to County Jail) for your offense, then you would not be eligible for an expungement. I have handled expungements successfully for many folks. It is an inexpensive procedure and can usually be completed without any court appearance whatsoever. Penal Code 1203.4 and 1203.4(a) are the operative code sections and there are ancillary code sections that could be relevant as well.

Answer Applies to: California
Replied: 1/15/2011

Law Office of Geoffrey M. Yaryan
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Generally, you can't expunge a conviction under after you successfully complete probation. That can be done through the clerk's office. To terminate probation early requires filing a motion in court and asking a judge for that relief.

Answer Applies to: California
Replied: 1/15/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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You need to hire a lawyer to first do a petition for early termination which, if granted, can be followed up by a petition for expungement. The chances of you doing both successfully by yourself isn't too good, and a failed petition(s) will make it harder for a lawyer to come in to fix the mess you left behind.

Answer Applies to: California
Replied: 1/14/2011

Answer By Gregory W. Fox
Law Office of Gregory W. Fox
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You can file a motion pursuant to Penal Code section 1203.4. You should contact the court in your county to find out what documentation you will need to submit or contact an attorney who should be able to assist you in preparing the motion.

Answer Applies to: California
Replied: 1/14/2011

Answer By Ryan P. Murphy
Law Offices of Ryan P. Murphy
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There is a very simple way to take care of this issue. Simply, 1. Go to the court clerk's office in your county 2. Request the packet from the clerk and 3. Go to the court library. Usually there is something you can do voluntarily that the judge might like to see. For example, in Santa Cruz County my client's watch a video. This shows the judge that we did something over and above what law mandates. Should you have any additional questions or concerns, feel free to contact my office.

Answer Applies to: California
Replied: 1/14/2011

The Law Offices of Robert L. Driessen
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The first question I would have is how long have you served on your probation. Typically courts will grant a termination of early probation unless someone has served at least half of their probationary period. Another important thing the court will look at in determining whether or not to grant your request is why are you looking to get early termination of your probation. Courts are more inclined to grant early termination of probation for individuals that wish to join the military, get a job, or return to school. You can file this on your own or hire an attorney to assist you. If you are looking to do it on your own you can pick up the forms from your local courthouse.

Answer Applies to: California
Replied: 1/14/2011

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