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Author
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Topic: How to get a misdemeanor expunged from record?
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*EPIK*
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Member # 7481
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posted
 
 
I was wondering if anybody had any info, or can point me in the right direction of how to get a misdemeanor moving violation expunged or removed from my DMV record.
A little over 2 years ago, I got pulled over for tinted windows, & unfortunately I was in possession of a very small amount of SUPER STINKY marijuana. I ended up getting charged with a misdemeanor (23222 Vehicle Code Driving while in possession of less than 1 oz of marijuana). I wasn't intoxicated at the time, & didn't get charged with a DWI or anything, but unfortunately since this is on my DMV record, my car insurance went through the roof because insurance companies treat it the same as a DWI.
I thought I read somewhere that I can have this expunged from my record after 2 years? Anybody have any info that can help me out, because I am really trying to get my insurance rates back down to an affordable level. & just in case anybody is wondering, I quit smoking 2 years ago, but not because of this case LOL...
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=91 Notch:12.31@110 **Under Construction**
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Posts: 6966 | From: 916 | Registered: Mar 2007
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Yaterstang
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Member # 7659
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posted
Wouldnt expunging your record ruin your street cred?
Posts: 2968 | From: Natomas | Registered: May 2007
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BUKSING
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Member # 6594
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posted
i dont know about driving record...but i know someone that got their felony record expunged. they paid a lawyer like $1500 and it was done. look up penal code 1203.4. I think it talks about misdemeanors. i think you should talk to a lawyer. i wonder if pre-paid legal works lol.
Posts: 1571 | From: 510 | Registered: Mar 2006
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Yaterstang
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Member # 7659
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I dont think you have to pay a lawyer, you can do it on your own. Look up some legal advice websites, im sure you'll find out. Weed in your car? What a lame ass charge for those cops.
Posts: 2968 | From: Natomas | Registered: May 2007
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*EPIK*
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Member # 7481
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posted
quote:
Originally posted by Yaterstang:
Wouldnt expunging your record ruin your street cred?
I will still be "gangsta" wid or widout a mizdemeena on ma rekid mayne!!! LOL
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=91 Notch:12.31@110 **Under Construction**
=05 CTS-V: 418rwhp/393rwtq=13.01@111
http://www.djepikmusic.com
Posts: 6966 | From: 916 | Registered: Mar 2007
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*EPIK*
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Member # 7481
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posted
quote:
Originally posted by BUKSING:
i dont know about driving record...but i know someone that got their felony record expunged. they paid a lawyer like $1500 and it was done. look up penal code 1203.4. I think it talks about misdemeanors. i think you should talk to a lawyer. i wonder if pre-paid legal works lol.
Damn $1500!!! Thats A LOT!!! My insurance went up damn near another $1k per year, & the funny thing is, my record is squeaky clean besides that violation. The only way I could afford insurance was to get "collector" car insurance on the stangs, & SR22 liabilty only insurance on the DD...
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=91 Notch:12.31@110 **Under Construction**
=05 CTS-V: 418rwhp/393rwtq=13.01@111
http://www.djepikmusic.com
Posts: 6966 | From: 916 | Registered: Mar 2007
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*EPIK*
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Member # 7481
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posted
quote:
Originally posted by Yaterstang:
I dont think you have to pay a lawyer, you can do it on your own. Look up some legal advice websites, im sure you'll find out. Weed in your car? What a lame ass charge for those cops.
Yup, it was BS 4 sure. They pulled me over for the tinted windows, which was legit, but after the cop writes me the ticket, & brings it to me, he smelled the weed & searched my car...
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=91 Notch:12.31@110 **Under Construction**
=05 CTS-V: 418rwhp/393rwtq=13.01@111
http://www.djepikmusic.com
Posts: 6966 | From: 916 | Registered: Mar 2007
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wilit
Mustang Messiah
Member # 3367
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posted
quote:
Originally posted by *EPIK*:
quote:
Originally posted by BUKSING:
i dont know about driving record...but i know someone that got their felony record expunged. they paid a lawyer like $1500 and it was done. look up penal code 1203.4. I think it talks about misdemeanors. i think you should talk to a lawyer. i wonder if pre-paid legal works lol.
Damn $1500!!! Thats A LOT!!! My insurance went up damn near another $1k per year, & the funny thing is, my record is squeaky clean besides that violation. The only way I could afford insurance was to get "collector" car insurance on the stangs, & SR22 liabilty only insurance on the DD...
If you insurance went up ANOTHER $1k, $1500 on a lawyer sounds like it may be worth the money.
You definitely should talk to a lawyer. Expunging misdemeanor convictions come up all the time on Calguns. You need a lawyer to do the work, it's not something you can file yourself.
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"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
Posts: 4793 | From: 37.78514° North 122.40100° West | Registered: Oct 2003
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*EPIK*
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Member # 7481
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posted
quote:
Originally posted by wilit:
quote:
Originally posted by *EPIK*:
quote:
Originally posted by BUKSING:
i dont know about driving record...but i know someone that got their felony record expunged. they paid a lawyer like $1500 and it was done. look up penal code 1203.4. I think it talks about misdemeanors. i think you should talk to a lawyer. i wonder if pre-paid legal works lol.
Damn $1500!!! Thats A LOT!!! My insurance went up damn near another $1k per year, & the funny thing is, my record is squeaky clean besides that violation. The only way I could afford insurance was to get "collector" car insurance on the stangs, & SR22 liabilty only insurance on the DD...
If you insurance went up ANOTHER $1k, $1500 on a lawyer sounds like it may be worth the money.
You definitely should talk to a lawyer. Expunging misdemeanor convictions come up all the time on Calguns. You need a lawyer to do the work, it's not something you can file yourself.
Yeah it probably is worth it to get it off my record. My insurance went up another $1k per year when I was gonna stick with regular insurance. I ended up saving cash by going with the collector car insurance on the stangs, which is only $425 per year, & $60 per month for liabilty insurance on my DD.
Thanks for the info...
[ September 15, 2010, 01:30 AM: Message edited by: *EPIK* ]
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http://www.djepikmusic.com
Posts: 6966 | From: 916 | Registered: Mar 2007
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totalkaos92
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Member # 5750
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posted
If I remember correctly even when you expunge your record through the courts the charges still stay on your driving record. But I can't remember if it's 4 or 7 years. But still get your record expunged for future employment. And also are you on probation of any sort? Cause you have to complete probation and pay any fines before you can expunge your record
Posts: 2175 | From: the bay area | Registered: Jun 2005
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BUKSING
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Member # 6594
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posted
Here's 1203.4 if you haven't looked it up yet:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1191-1210.5
1203.4a. (a) Every defendant convicted of a misdemeanor and not
granted probation shall, at any time after the lapse of one year from
the date of pronouncement of judgment, if he or she has fully
complied with and performed the sentence of the court, is not then
serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in Section 12021.1 of this code or
Section 13555 of the Vehicle Code. The defendant shall be informed of
the provisions of this section, either orally or in writing, at the
time he or she is sentenced. The defendant may make an application
and change of plea in person or by attorney, or by the probation
officer authorized in writing; provided, that in any subsequent
prosecution of the defendant for any other offense, the prior
conviction may be pleaded and proved and shall have the same effect
as if relief had not been granted pursuant to this section.
This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
(b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of subdivision (b) of Section 42001 of the
Vehicle Code, or to any infraction.
(c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
Posts: 1571 | From: 510 | Registered: Mar 2006
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*EPIK*
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Member # 7481
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posted
quote:
Originally posted by totalkaos92:
If I remember correctly even when you expunge your record through the courts the charges still stay on your driving record. But I can't remember if it's 4 or 7 years. But still get your record expunged for future employment. And also are you on probation of any sort? Cause you have to complete probation and pay any fines before you can expunge your record
No probation. It was just a court date, & a fine & I thought it was over & done with. Then when my insurance renewed a few months later, I knew it was all bad. Im not really worried about the employment thing, I have a goo job, but its just that I can never get cheap insurance rates anymore, & if its 7 years, I still have 5 more years of this BS. If I cant get it off my DMV record, it really doesnt matter to me. It sucks because man it was just a lil ol' 8th of weed thats costing my thousands of dollars over the next 7 years!!!
Thanks for the info...
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=05 CTS-V: 418rwhp/393rwtq=13.01@111
http://www.djepikmusic.com
Posts: 6966 | From: 916 | Registered: Mar 2007
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Bigchelis
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Member # 5941
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posted
To get your record expunged in San Jose/Santa Clara its easy.
You have to be at least 1year off probation and in good status with courts and police.
Then go to probation office on 1st street. They have the form to clear your recored (if it is a misdemeanor). You will be applying for PC 1203.4.
Just fill it out and turn it in there. Save yourself the $1500 its a scam really.
Within 1 or 2 months you should get a letter informing you of your court date with the DOJ Judge in Santa Clara and you will be there in person in a nice suit or at least collar shirt right?
PM me if you have ?'s
Posts: 161 | From: San Jose,Ca | Registered: Aug 2005
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Bigchelis
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Member # 5941
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posted
I forgot to mention that when you appear before the Judge you will have to pre-inform him and the court with referrences and letters from folks close to you. These are letters that explain why you need and deserve to be expunged and how nice of a guy you really are.
It helps to send in info on college classes and community service you been doing.
No community service or good deeds on paper will make it likely for you to be denied, but you can try again.
bigC
[ September 15, 2010, 12:34 PM: Message edited by: Bigchelis ]
Posts: 161 | From: San Jose,Ca | Registered: Aug 2005
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2000BlackGT
Loyalty
Member # 283
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posted
I got something like that expunged off my record as well. Super easy to do. In Butte County I had to go down to the courthouse to do it but we're all clear now baby!
Posts: 2833 | From: Chico, CA | Registered: Jun 2001
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N8
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Member # 6048
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posted
My brother did it for some major felonies a few years back. He went through the process in the Bay Area. I can ask him what was the process if you like. Also I know for a fact he did it without a lawyer. My rule of thumb for facing a judge without a lawyer has always been "He who represents himself in a court of law has a fool for a client" But he did it.
Posts: 11638 | Registered: Sep 2005
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Bigchelis
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Member # 5941
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posted
quote:
Originally posted by N8:
My brother did it for some major felonies a few years back. He went through the process in the Bay Area. I can ask him what was the process if you like. Also I know for a fact he did it without a lawyer. My rule of thumb for facing a judge without a lawyer has always been "He who represents himself in a court of law has a fool for a client" But he did it.
Nice Quote there!!!
I think its a sound rule to follow, but with record cleaning these are just a single sided paper to fill out (San Jose/Santa Clara). Super easy to do and I still am shocked at the prices people pay for that form to be filled out.
A felony has to be down graded to a misdeanor, then you get the misdemeanor expunged. I may be a little rusty on this, but thats the process I recall of top of my head.
Posts: 161 | From: San Jose,Ca | Registered: Aug 2005
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