What is the name of your state? CA
In 8/04, I went to court for a hearing regarding two Expungement petitions. One, a misdemeanor (P.C. 273.5 (A)-Causing Spousal Injury- for a conviction in 4/98). The other, also a misdeameanor for Hit and Run accident- conviction 11/97.
I noticed a Pro-temp judge (Commissioner) was going to hear my case. I told him politely that I prefer to come back and have my case heard by the court’s regular judge and the Commisioner agreed, but gave me a mean look.
At the next hearing, the regular court judge only granted the petition for hit and run charge. He said to return in 90 days to see I stay clear of the law in this 90 days. Interestingly, I told the judge that one of the bailiff in next courtroom knew me well enough to speak about my character. Our kids played baseball for the same team. The DA's office opposed my suggestion and the judge agreed not to hear the bailiff. I did mention this to the bailiff after the hearing. That night the bailiff called me home to say the DA's atorney told him that they will not file an opposition when I next appear for my hearing. I was very happy when told of this.
When I returned to court after 90 days, I saw the same Commisioner presiding instead of the other judge. I was told by the court clerk the original judge was transferred to another court and was not returning to the court my petition was filed.
The Commissioner recognized me. He asked me if I had anything to say to the court. I had rehearsed my little speech the night before. Less than two minutes thru my speech the judge stopped me and said he had a good idea what I was going to say to the court. He than denied my petition. He felt I had some credibility issue because of the prior hit and run conviction(which petition by the way was granted by the other judge). I was sad and went home.
My question is what are my options in fighting the judges ruling. I had a good chance of getting this great job had my petition being granted. Is it true my domestic violence charge (the one for which I had filed the expungement and the judge denied) will automatically be dropped from my records after seven years from the date of conviction. The 7 years comes up next 4/05. I would appreciate any help from you kind people in this forum. Thank you very much.