Kirk & Toberty

Telephone: (949) 851-0355
Fax: (949) 851-1250

Criminal Law

Adult & Juvenile Criminal Defense | Expungment of Criminal Convictions

Adult & Juvenile Criminal Defense:

The attorneys at Kirk & Toberty have more than 15 years of experience representing individuals and companies charged with crimes. We handle all types of criminal matters, including misdemeanors and felonies. We have obtained exceptional results for clients by being aggressive and knowledgeable. We charge reasonable fees and work diligently to obtain the best possible results for our clients.

If you have a juvenile case, you should be aware that you need an attorney who has experience in not only criminal law, but also juvenile law. Juvenile criminal matters are usually held in a separate courthouse before judges who deal exclusively with juvenile cases. We have handled juvenile matters for fifteen years and are familiar with the special laws and procedures that apply to juvenile cases.

Expungment of Criminal Convictions:

California law divides crimes into two types: misdemeanors and felonies. Misdemeanors are the less serious crimes, including, for instance, DUI (driving under the influence), disturbing the peace, petty theft and other types of crimes. The procedure discussed in this message applies only to misdemeanors. Even if you have been convicted of a felony, you may be eligible to have your felony reduced to a misdemeanor.

Misdemeanors

If you have ever plead guilty in an adult California court to a misdemeanor, California law permits you to apply to have your conviction erased. Almost all misdemeanor charges qualify for this procedure. In considering your request to have your conviction erased, the court will want to know whether you successfully completed all the requirements of your probation and confirm that your probation is over. In addition, the court will ask whether you have been convicted of any new offense, whether you have been charged with any new offense, and whether you are currently on probation for any other offense.

If the courts grants your request, your conviction will be withdrawn, and the charges against you will be dismissed. There are numerous benefits to this dismissal, including the right to indicate that you have never been convicted of the dismissed charges, that the public record will show that your case was dismissed, and that the dismissed conviction cannot be used against you if you are ever involved in a civil case, for instance a case involving a car accident.

There are some limitations to the process. For instance, if you have a DUI erased, the case can still be used against you in a later DUI proceeding, or by the DMV. If you apply for public office, such as Councilman, or for certain types of licenses from the state, you will have to disclose the dismissed conviction. For further information, or if you would like to have a misdemeanor conviction erased, please email us.

Felonies

If you have ever been convicted of a felony in a California adult court, you may be eligible to have your felony conviction reduced to a misdemeanor. This procedure, referred to as a "17b" motion, can be highly effective in protecting your future after a felony conviction.

Only some felony convictions qualify for the procedure. A formal motion is prepared on your behalf and presented to the court. In considering your request to have your conviction reduced to a misdemeanor, the court will want to know whether you completed all the requirements of your probation and your probation is over. In addition, the court will want to know whether you have been convicted of any new offense, whether you have been charged with any new offense, and whether you are currently on probation for any other offense.

After we have submitted the request to the court, the court will set a hearing on your case. You will need to be present for the hearing. The court will determine whether to grant your request at the hearing. If the courts grants your request, your felony will be reduced to a misdemeanor.

The charge for this process, depending on the complexity of your case, is a minimum of $1,500.00 An attorney from Kirk and Toberty will be happy to discuss the charges for this procedure with you. Our office accepts checks or credit cards, and we ask for payment of the minimum fee at the time we prepare your application.

You will need to be prepared to provide us with several items of information: Those items include your full name, DOB, Place of Birth, SS #, DL #, Date of conviction, location of court in where your case was held, and the charges of which you were convicted. If you are unsure of some of the information, we will be happy to try to obtain it for you. Depending on how long it will take the court to process your request, you can normally the hearing to occur within six to eight weeks.

For more information about expungment, please visit our site: ExpungeYourRecord.com.