How can I file to expunge my misdemeanor in California?

Question

Can I mail forms CR 180 and CR 181 to the clerk's office? Or do I have to go there in person? If I have to go in person, what times should I be able to go?

I already read about the forms and the filing fees; however, I cannot find information about where or how I can file the paperwork. Please help....

Answer 1

You file in the county where you reside.}{



Obtain and review the paperwork relating to your criminal record. At the time of your conviction, copies of documents relating to your conviction should have been provided to you; if you can't locate them, you should be able to obtain them from your attorney if you retained one while your case was open. If not, call or write the clerk's office at the California Superior Court where you were convicted to make arrangements to get copies of your criminal record.

2



Find out whether or not your record is eligible to be expunged; not all misdemeanors or felonies are eligible to be erased in California. To be eligible, you must have either successfully completed probation or been granted an early release from probation by the court. Additionally, you must have fully paid any court-mandated fines associated with your conviction and you can't be charged with or convicted of any other crimes.

3



Contact the court to ask for an early release from probation, if necessary. Do this by filling out a PC 1203.3 petition form, and filing it with the court clerk, along with a letter stating why you deserve to be released from probation early. The PC 1203.3 form can be downloaded from California's official courts website (courtinfo.ca.gov) or obtained from any state Superior Court clerk's office.

4



Fill out and submit to the court a Form CR-180, or Petition for Dismissal, if you've finished probation or have been granted an early release from it. Return the form, with any other supporting documentation, to the Superior Court where you were convicted.

5



Testify before a judge, if necessary. Depending on the judge, Superior Court branch and type of crime committed, you may be required to stand before a judge and tell why you deserve to have your California criminal record expunged. If you file your paperwork and receive a notice in the mail to appear before a judge, show up at the appointed time and date given to you and state your case.



Read more: How to Expunge your California criminal record | eHow.com http://www.ehow.com/how_5341962_expunge-california-criminal-record.html#ixzz1SB83W0jA

Answer 2

Clerks offices are generally open from at least 9 until 4. Even if the clerk accepted filing by mail (and not all do), I would recommend taking the forms in person. Make sure to take an extra copy for yourself for stamping (called a "conformed copy") so you will have proof it was filed.



BTW, legally there can be no fee for filing for 1203.4 relief, but many courts ignore this law.

Answer 3

You will want to call the clerk at the courthouse where you will be filing and find out what their procedures are (i.e., how many copies you will need to file, whether they serve notice on the city/district attorney for you, what the filing fee is, etc.). The procedures and requirements vary from courthouse to courthouse across the state. Sometimes the clerk will be helpful, and sometimes they will not be, but it is important that you find out what is needed before you file. Once you have all the information you can file by mail if you wish.

Answer 4

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Answer 5

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