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Appeals/Expungement
Appeal:
An appeal is a request one makes to a higher
court to review the decision which was made in a
completed trial proceeding. After a trial
proceeding, if they losing party is dissatisfied
with the outcome of feels there was and error
made which affected the results, they may ask
the judge to reverse the decision or for a
retrial. If a judge does not grant the request
made, an appeal is then filed with the Court of
Appeals.
Expungements:
An expungement is a process which under Section
1203.4 of the California Penal Code. A convicted
party can be re-instated as a law abiding
citizen. In order to qualify for this process
the convicted party must meet the following
requirements:
IF CONVICTED OF A FELONY:
1. Completed all terms of his/her sentence (i.e.
probation, fines, community service,
restitution, etc.)
2. Not have any pending criminal matters or
currently be on probation on a different matter.
3. Never served any State prison time.
IF CONVICTED OF A MISDEMEANOR:
1. Completed all terms of his/her sentence (i.e.
probation, restitution, etc.)
2. Not have any pending criminal matters or
currently be on probation on a different matter.
3. Have lived a law abiding life for a minimum
of one (1) year after the conviction.
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