Hello-Well the first step if it is a W&I Code 707b offense is to petition to have a PC Section 17 filed if the section is a alternative felony. Once the Court allows this then under a recent case (which of course is under appeal) declares that misdemeanors (PC 1203.4) can be sealed. I hate to list this one important case while its authority is being challenged. If the Court says the case is in "published" format then the petition in this venue can be sealed before the age of 38 for example (when every case is sealed except murder it seems) . Another way is to have a DEJ outcome sealed once the Office of Probation sends the DEJ to the Court for closure. Then once that part is signed off then a petition pursuant to PC Section 851.9 can commence. 5/28/11
05/29/2011 at 12:06 AM
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Criminal Defense practice in the greater bay area/CA