Since expungement under California Penal Code 1203.4 is a judicial process, there are a number of steps you need to comply with as well as documentary requirements you need to comply with in order to be granted the petition. While expungement provides great benefits regarding your future welfare, you need to complete the following documentary requirements in order that your petition would be granted due course.
The first step is fully determining the contents of your criminal record. In order to be fully apprised of the extent of your crime, you need to fill out the following forms requiring the following information.
• Your Case Number or in parlance called your Docket Number;
• Your Date of Conviction, either by plea or verdict;
• The particular provision of the Penal Code and the Section Number of the crime you were convicted;
• Determination of either plea or verdict. This is most especially important if you entered a plea of guilty or no contest (nolo contendere);
• Determination of any time served for probation;
• Determination if the accessory penalties of payment of fines, payment of restitution or reimbursement was imposed and completed;
• Determination of service of sentence in a state prison and the dates of such service of sentence;
• Determination of start and end date of Parole, if released while serving sentence;
All these information is necessary so that your petition for expungement. The following are the places you can search all these information required for the completion of your petition of expungement.
• Court papers you have received as part of your conviction;
• Papers and other information your lawyer at your criminal defense, parole officer if you were placed on parole, probation officer if placed on probation or other contacts with the courts where your case was heard;
• The Superior Court of the county where you were convicted. You would need to ask permission to have copies of your conviction notice;
• The California State Department of Justice, particularly the Criminal Records Division. This would be the repository of all convictions meted out in the state. You would need to pay for the information.
The expungement of criminal convictions is a serious matter in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.