California Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The Californian Penal Code allows for the expungement of the following infractions: Petty theft as per PC 484 & 488. Possession of marijuana. Disturbing the peace. Trespassing as per PC 602. Some types of fraud. Illegal purchase of alcohol by underage persons. Failure to appear.

CALIFORNIA EXPUNGEMENTS ServicePriceCalifornia Infraction Expungement$425*California Misdemeanor Expungement$525*California DUI Expungement$625*California Felony Expungement$825*2 more rows

Beginning July 1, 2023, California Senate Bill 731 (SB 731) makes criminal record sealing available for a defendant convicted of a felony on or after January 1, 2005, if the defendant completes all terms of incarceration, probation, supervision, and parole and is not convicted of a new felony offense for four years.

How to Get a Felony Expunged in California Step 1: Seek legal counsel. Step 2: Obtain and complete forms. Step 3: File for expungement. Step 4: Meet with your attorney to prepare for your hearing. Step 5: Your expungement hearing. Step 6: If your petition is accepted. Step 7: If your petition is denied.

Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: Child ography crimes. Certain sexual assault crimes. Committing lewd acts with a minor. Failure to submit to a police inspection of vehicle.

The new California expungement law, also known as SB 731, is a game-changer for those seeking to clear their criminal records. SB 731 increases the options for people to seal or destroy their arrest records to address the difficulties faced by persons with criminal histories.

How do I apply? Contact the Public Defender or legal aid. The Public Defender or legal aid in the county where you have convictions will be able to help you start the process. Submit petitions if eligible. In about 2-6 weeks, the Public Defender or legal aid will contact you. ... Receive decision.

Enacted in September 2022 and fully implemented by July 2023, Senate Bill 731 builds upon the progress made by AB 1076 by extending automatic expungement to misdemeanor, non-violent felonies, and non-sex offenses that did result in incarceration, provided the defendant serve their time and stay out of trouble for a ...

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California Motion for New Trial for Purpose of Expunging Criminal Record