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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Walk Me Through The General Process Of Having A Record Expunged In California?

In order to complete the process of having a record expunged in California, there are basic forms that need to be filled out. The CR1AD is a cover sheet that goes with the petition. Some people just submit that form and hope for the best, because there are some crimes that don’t need much of a showing. If you’ve successfully completed your probation, do not have prior convictions and don’t have any pending charges, then you won’t go to state prison. As a matter of law, those crimes will be granted. However, DUI convictions require a showing that the expungement is in the interest of justice; it’s not automatic.

We would include a declaration of support, in which would address the hardships that the person has faced and the positive impact that the person has had on his or her community. We would show how the conviction is affecting that person either personally, financially or professionally, and why that petition should be granted. After the memorandum, points of authorities and all of the paperwork is completed, we submit it to the court and a court date is set. Sometimes there is an actual hearing, and sometimes there is no objection from the DA. The decision of whether or not to object to the petition will be made by the DA on a case-by-case basis.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer