A Denied Expungement can be the result of several things. Below is a list things that have seen in my practice that have caused a case to be rejected by the courts and resulted in a denied expungement.
Not Statutorily Eligible Case will Result in a Denied Expungement
Generally, if you spent more than a year in jail, then you are not eligible for an expungement and will result in a Denied Expungement. These usually involve felonies. However, lots of time, people are sentenced to more than a year in jail, but the sentence has been suspended. These are called executed suspended sentence.
For example, you were sentenced to 2 years in jail, but you can stay out of jail if you complete 30 days of community service and never mess up, but upon messing up, you will go back in. These types of felonies with over a year in jail can be expunged. However, it is important to know where you case stands because you if you moved forward on an expungement on a 1203.4 then you will be investing money in the wrong area of law. If you did prison time then you need to invest yourmoney on a certificate of rehab instead.
Denied Expungement are Often Caused by Improperly Filed and Errors in Petition
Technically all courts are supposed to accept the California judicial forms for expungement. However, many will have their local forms they prefer. The local forms make it easier to process. In my experience, it is hit or miss with the petitions. You will want to fill out as much as possible and not leave anything to chance. If you leave out a small detail it can result in a denied expungement. Below are list of mistakes I have seen in my practice that resulted in cases being sent back.
Common mistakes on petition that Result in a Denied Expungement
- Imporper Case number on paper (This can be fixed by going here and looking for your case in Orange County)
- Wrong Driver License
- Ciation Number on paper instead of Case Number
- Wrong Agency Served
- Incorrect Law Section (Penal Code Instead of Vehicle Code for 23152/ab/ (DUI)
Petitions are often denied for improper filing in Orange County because the right agency was not served. This happens when you serve the Orange County District Attorney’s Office, but you were supposed to serve the Anaheim City Prosecutors Office instead. These types of denials happen when an attorney or person doing their own fills out the CR 180 and CR 181 and serve it on the District Attorney instead of the Anaheim City Prosecutors. The bottom line is to know what agency prosecuted your case.
Violations of Probation and Subsequent Conduct Results in Denied Expungement
Violations of probation are reasons to deny expungements in Orange County. The more severe and recent the violation then the more likely your expungement will be rejected.
Common Reasons Violations that Causes Denied Expungements. I have seen reasons to deny expungements such as not completing community service in time, new charges didn’t register in class in time, kicked out of course, and not paying fees. This happens very often when you with people who are truing to expunge a DUI from their history.
Outstanding Fines & Restitution will Result in a Denied Expungement Petition
If you owe restitution on your case, then the Court will deny expungement until it is all paid back. I have only seen one exception in my practice, and it had to do with a 30-year-old case. Also. if you owe fines on your case, then the Court will want to see that you paid it all off before considering your expungement. If you case is in Fullerton for an expungement, then the Anaheim City Attorney will oppose your expungement until you pay their fees.
Benefits of Having an Experienced Expungement Attorney to Avoid Denial of Expungement
Having an experienced expungement attorney handling your case will speed up your case help you avoid these mistakes. In addition, having an experienced expungement attorney will help you deal with old cases that are no longer in the court system and have been purged by walking you thru a criminal background check. .