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Can you do a self expungement in California?

Although true expungement does not exist in California, there may be options to clean your record depending on your situation. The law related to cleaning your record is complicated. If you ever get stuck, consider getting legal help.

How do I file factual innocence in California?

In order to request a factual innocence motion under California Penal Code Section 851.8, you have to first petition the law enforcement agency who made the arrest to destroy their record of the arrest. As stated, the request has to be made within two years from the date of arrest.

What is a motion to seal documents?

A Motion to Seal is filed when you are requesting that a document you file with the court be kept confidential. You may be requesting that a portion of your pleading be kept confidential or you may be requesting that an entire document be kept confidential.

How do I seal a misdemeanor in California?

To expunge a misdemeanor in California, you have to (1) determine that you are eligible for expungement, (2) timely file the appropriate paperwork, and (3) attend the expungement hearing personally, or through a lawyer. Any error in the process can lead to a denial.

How long does it take to get your record sealed in California?

How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

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Is California guilty until proven innocent?

A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is satisfactorily shown, he or she is entitled to an acquittal, but the effect of this presumption is only to place upon the state the burden of proving him or her guilty ...

How much does it cost to seal your record in California?

Including Court Costs, ALL Legal Work and Court Appearances: Misdemeanor Expungements $750* Misdemeanor DUI Expungement $900. Felony Expungement $990* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,000.

How can I get my record sealed in California?

You may request that a court seal your arrest records or criminal records. If a judge agrees with your request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record. If the order is granted, the judge will use the CR-410 order form.

What is a sealing motion?

Most jurisdictions have specific laws and procedures regarding the motion to seal. A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public.

What is the difference between expungement and sealing in California?

Sealing a record pertains to your arrest record itself while expungement regards your criminal conviction or plea. Expungement is the removal of a criminal conviction, a nolo contendere, or guilty plea after compliance with a few factors have been addressed and several years have passed.

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