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Expungement Denied. What can I do next?

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nes1987

Junior Member
What is the name of your state (only U.S. law)? CA

In 2/06 I was charged with a Felony charge of 245(a)(1) PC ( Assault with a deadly weapon). It was a domestic violence case. I plead guilty to the crime and was convicted of a Felony. I had been placed on 3 years probation, 52 weeks of Domestic Violence classes, paid fines and restitution fees, and was issued with a restraining order from the victim, my ex girlfriend. I didn't use any kind of weapon whatsoever. I was told by my attorney at the time, that If I plead guilty to that charge, that I would be on probation for 3 years and after one year or completing probation with good behavior, I would be able to drop the charge to a misdemeanor 243(e)(1) PC. Since I believed him I agreed. I then had very good behavior, my ex girlfriend decided she wanted to keep seeing me and her father and her wrote a judge a letter stating that my character was that of a good guy. The restraining order was then modified.

Later on 8/07 my ex and I were broken up and she had pressed charges on me of continued abuse to the police department and my probation officer. Even though before she did that, I had filed a restraining order for her to be away from me. That was what had made her furious and led her to file charges of DV on me again. I was in jail for 72 days and the case was dimissed and I was NOT GUILTY because there was NO evidence and the victim wrote a letter stating that she was forced to press charges on me by her parents simply because they did not like me and I was 19 and shewas 17 at the time. The judge and DA had read the letter and decided to let me go but still stay away from her. In 3/09 I completed my probation. I had my attorney from the last case on 8/07 file for an expungement on behalf of the 245(a)(1) PC Felony charge because I wanted to join the US Air Force. The DA then denied the expungement and said that I had failed to behave well during the 3 years of probation. Stating that because I had been emprisoned for that case on 8/07, that I did not deem to be credible of good behavior and that it would be unwise to expunge anything.


I completed my 52 weeks, payed my fines and fees, stayed away from the victim, and did not commit any other crimes during the 3 year probationary period. I was accused of behaving violently in 8/07 and the case was dismissed. I don't understand why I cannot have my record expunged. I'm in a great relationship now, I have moved on, I want a future for my fiancee and my family and myself. It is very hard to find a good job with this. The reason I wanted an expungement was to join the military or have a good career. I'm 21 years old. I was 18 years old when I committed this crime and I was the one who wen to the police station to report that my ex and I had gotten into a physical altercation. I was young, and naive and ignorrant. I didn't know any better at that time. I was looking for help and instead I am now unable to accomplish my goals and it's affecting my current relationship because we want to both have great careers and I am afraid to go to school and learn a trade if I will get turned down by the employer after I graduate anyway. I need help and advice desperately. I want to make something of myself and provide for my family.

If anybody knows what steps I can take after this, PLEASE do advice me of what other ways to go about this. Thank you very much and I appreciate any of the kind people who took the time to read this and help me out. It means alot to me. Thank you.
 


CdwJava

Senior Member
Was the 17(b) motion granted by the court? Or was it the 1203.4 petition that was denied?

I am assuming that the DA opposed one or both petitions.

What does your attorney advise as the next step? In truth, there may not BE a next step. You can always seek a pardon, but that is highly unlikely under the circumstances.

Frankly, I suspect that your petitions were denied due to their relatively recent proximity in time to the offense(s). Maybe in a few years you would have better luck.

- Carl
 

nes1987

Junior Member
Was the 17(b) motion granted by the court? Or was it the 1203.4 petition that was denied?

I am assuming that the DA opposed one or both petitions.

What does your attorney advise as the next step? In truth, there may not BE a next step. You can always seek a pardon, but that is highly unlikely under the circumstances.

Frankly, I suspect that your petitions were denied due to their relatively recent proximity in time to the offense(s). Maybe in a few years you would have better luck.

- Carl

My attorney filed for me and he filed the pc 17 and the 1203.4 and 1203.4(a). It was all done under one form that I filled out and signed along with my attorney. I am no longer represented by that particular attorney however. There has to be a way to resolve this. Is there anyone that I can speak with? I know that the DA is the one against me, but is there something else that I can do to convince him? I Don't know what else to do from this point and I'm trying to be as informed as possible so that I can have more knowledge as to how I should go about this. It has been over three years by the way. I read somewhere on this page that SOMETIMES the felony charge may be "hidden" after a period of 7 years. How true is this? Also, I want to be able to do what I can as soon as possible. Thank you for your feed back. I really, and trully appreciate you taking the time to help me. Thank you so much.
 

tranquility

Senior Member
There has to be a way to resolve this.
It *was* resolved. It's just that you don't like the resolution.

The decision, if allowed at all, is at the sole discretion of the court. There is no appeal. However, you can resubmit the petition. Call or visit the clerk and ask why the petition was denied. Fix the petition and refile.
 

CdwJava

Senior Member
Three years is NOT a lot of time to have passed. In the eyes of most of us who are older, that is still awfully close to the time of the event(s) in question.

The 7 year issue you refer to is the amount of time that background search companies are permitted to hold onto public records. And while CA does not allow most private employers to search state criminal offender records, court records may be accessed. And, if asked, you are generally required to admit to any conviction though, theoretically, unless the offense disqualifies you from employment (such as for an armed security guard) or is related to the nature of the job, they are not supposed to use it against you. Yeah ... sure.

As Tranquility mentioned, there may be nothing to do aside from filing it again after asking why it was denied. Frankly, just in the story you tell here, I can see why it was rejected. Maybe in a few years that might change, but right now? I wouldn't hold my breath.

- Carl
 

tranquility

Senior Member
I agree with not holding of breath. Even with how the OP wrote things up, it seems like, while the bare minimum of the statute has been fullfilled, it doesn't really address the "in the interests of justice" portion of the requirements.
 

nes1987

Junior Member
Thank you to all of you that replied to my thread. The one main question I have right now is: "Where do I go from here?" I have a job. It doesnt pay much but I have medical and dental benefits. What careers are most likely to hire me even with a criminal record? I need to know if I can at least ask the judge to "hide" or "seal" the Felony from employers. Or, if he can drop the charge down to a misdemeanor. How likely is it that the DA or the court, will provide me with the opportunity to at least apply for most jobs knowing that my felony charge will not be visible to the employer?

Again, I appreciate all of this feedback that I am receiving. Hopefully I will be able to do something about this that will have a positive impact on my future.
 

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