Torrance Court Announces New Procedures on Expungement of Criminal Cases

Matthew Jay Ruff's White Collar Crime Legal Blogs

Licensed for 22 years

Attorney in Torrance, CA

Penal Code section 1203.4 permits the Court in any given case to remove a criminal conviction from a persons record.  The penal Law allows a defendant to withdraw his or her guilty or no contest plea after a person has successfully completed probation. In order for a defendant to be permitted to expunge a case he or she must satisfy a number of conditions. Most importantly is the condition that they complete their probationary grant successfully. This means that they must pay all fines and fees ordered by the Court, and all restitution must be paid to any victims. The individual must not have violated the terms of their probation in any way, for example the person seeking the expungement must not have sustained any new conviction or have been incarcerated by the police for any new offense while on probation.

According to one Torrance Expungement Attorney, the steps to remove a record involves the requirement that they had not been convicted for any offense excluded by statute that bars an expungement of the case. The offenses commonly barred are sex offenses listed under the sex offender registration laws such as child molestation. Notably, the Courts in CA promulgated a decision in December of 2006 that crimes of "attempt" such as attempted child molestation can be expunged under California Law. Which offenses fall under the exceptions are limited and an Attorney should be consulted to ensure the particular crime qualifiesPenal Code section 1203.4 permits the Court in any given case to remove a criminal conviction from a persons record.  The penal Law allows a defendant to withdraw his or her guilty or no contest plea after a person has successfully completed probation. In order for a defendant to be permitted to expunge a case he or she must satisfy a number of conditions.

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