what felonies cannot be expunged in california

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"sameAs": [ "slogan": "If you are arrested for a DUI in the Albany area, you need to get an attorney, fast! Beyond that, there are also certainfelony offenses that can never be expunged. "addressCountry": "US" -webkit-transition: all 0.2s; "https://en.wikipedia.org/wiki/Attorney_at_law" In order to be eligible for expungement, you need to not have served time in state prison. "https://www.wikidata.org/wiki/Q758225", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "94704", "opens": "Mo,Tu,We,Th,Fr 10:00" Sent orders to fbi and doj, contested my record and it was updated. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "https://usattorneys.com/law-firm/louis-j-goodman/" display: none; Contrary to popular belief, being convicted of a felony does not deprive your right to vote. San Bernardino Countycharges a $270 filing fee. "94602", Let an Oakland felony expungement lawyer from Lamano Law Office take care of all the details of your expungement petition so that you can feel at ease knowing we are fighting for your best interests and focus your energy on other aspects of your life. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ text-decoration: line-through; "addressCountry": "US" "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "@id":"#sanleandroarea", Then you must file the proof of service with the court clerk. How do I find out if I qualify to have my record expunged? At the hearing, the court will consider whether or not to grant your request to have your offense expunged from your record. })(window,document,'script','dataLayer','GTM-N2ZM6XQ'); "@id": "#duilivermore", {"@id": "#duidublin"}, "knowsAbout":[ A. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", -moz-transition: all 0.2s; See California Assembly Bill 1793 (2018). Again, there are a lot of differences between states. "addressRegion": "California", "contactType": "Customer Service", "94610", Cal., 2001), 255 F.3d 768, Ryan-Lanigan v. Bureau of Real Estate (Cal. "contactType": "Customer Service", "@id": "#duioakland", "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "LegalService", It can also relieve you of some of the consequences of a conviction. z-index: 1; "https://en.wikipedia.org/wiki/Attorney_at_law" "hasMap": "https://www.google.com/maps?cid=8108626517931080920", He handles all major felonies and federal offenses. "postalcode": [ To be relieved from all the legal consequences of a criminal conviction, you would need to seek a pardon from the California governor. 2020), 264 Cal. In some states, the list of felonies that can be expunged is very short. "name": "DUI Services", "https://www.wikidata.org/wiki/Q758225", ]}, border: 1px solid #fff; "94560", arecurrently charged with a criminal offense, are on probation for a criminal offense or. "closes": "Mo,Tu,We,Th,Fr 17:00", "contactPoint": { In California , a felony can be expunged In cases where you are actively seeking employment, we can seek to expedite the process. There are number of circumstances in which you may be eligible to expunge a felony in California. } "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "hasMap": "https://www.google.com/maps?cid=8108626517931080920", The procedure will take from 10 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is. "@type": "Offer", ]}, "https://usattorneys.com/law-firm/louis-j-goodman/" ] This makes you eligible for permanent residency and ultimately U.S. citizenship. margin-top: -25px; "94542", "address": { "@type": "ImageObject", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "https://en.wikipedia.org/wiki/Driving_under_the_influence" "geo": { "brand": {"@id":"#organization"}, Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by "name": "San Leandro", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", A California expungement (or expunction) is a legal proceeding where the justice court can allow an individual to withdraw a guilty or a no contedere (no contest) plea and instead plead not guilty in a criminal case. "containsPlace":[{ } }, "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "email": "louis@louisgoodman.com", This can be extremely significant for avoiding a felony record, restoring or maintaining gun rights. "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. These states include: In some states, the list of felonies that can be expunged is very short. "openingHoursSpecification": { "94606", Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. "postalcode": [ denial of licenses, failing background checks, etc.). "https://en.wikipedia.org/wiki/Attorney" }, "telephone": "+15105829090" "areaServed": [{"@type": "AdministrativeArea", .logo-directions .title{font-size:20px;} "telephone": "+15105829090" }, "sameAs": [ "https://www.google.com/maps?cid=8108626517931080920", transform-origin:0 0; "contactPoint": { See California Penal Code 1203.4 PC California expungement law, endnote 2, above. "https://www.wikidata.org/wiki/Q250062", If the judge grants the expungement, the defense attorney should then seal the case so it is no longer visible to the public. {"@type": "Thing", "name": "Felony", "sameAs" : [ 4th 72, 165 Cal. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "telephone": "+15105829090", background-color: #F56505; But non-wobbler felonies can only be reduced to a misdemeanor by filling out a form pursuant to PC 17(b)(3). }, If you or a loved one is seeking an expungement, we invite you tocontact us at Pride Legalfor legal counseling or any further questions. After my record is expunged, can I answer No if Im asked whether I have a criminal record? "openingHoursSpecification": { When can I apply for a PC 1203.4 expungement? With over 30+ Years of Experience, Louis J. Goodman can help you! And an expunged conviction that would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ 1.4. "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. margin:0 auto 0 auto; There are a number of ways to seal records. This form is encrypted and protected by attorney-client confidentiality. ul#nav select { California Penal Code 17(b) PC Felony reductions [may be petitioned for along with expungement]. Will you reduce my felony to a misdemeanor prior to expunging the record? In most states, if a felony is expunged, it will be sealed from public view. "https://www.wikidata.org/wiki/Q758225", Some exceptions are if you: There are numerousbenefits to obtaining a California expungement. { "url": "https://www.louisgoodman.com/dui-attorney/alameda", "name": "San Leandro", "94666", background-color:#33ccff; "94708", {"@type": "Thing", "name": "Criminal charge", "sameAs" : [ While expungement legally eliminates a criminal conviction, it cannot remove certain consequences stemming from that conviction, such as the obligation to register as a sex offender, loss of the right to own firearms, or having a prior offense that can be used for a sentencing enhancement or a strike under Californias three-strikes law. These eligibility criteria include: You can apply for expungement as soon as you complete any term of probation that was ordered in your sentence. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "name": "Newark", "contactType": "Customer Service", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", ]} The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7. "94703", ], But this can vary depending on the county in which you reside. If your conviction was for a wobbler, we will petition the court to have the felony reduced to a misdemeanor prior to having it expunged under PC 1203.4. new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0], The Law Office of Louis J. Goodman offers free consultations. How Long is a Felony Sentence? Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. A. A Petition for Expungement for the following misdemeanors may not be filed earlier than ten years after the petitioner satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or Ultimately, the judge makes the decision whether to grant an expungement. Under California law, certain felony offenses are considered wobbler crimes, which means that they can be graded as either a felony or as a misdemeanor. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "name": "Law Office of Louis J Goodman", These generally include murder, serious violent crimes, and sex crimes involving children. t=l.createElement(r);t.async=1;t.src="https://www.clarity.ms/tag/"+i; "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" Q. }, "name": "Hayward", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "postalcode": [ "@type": "GeoShape", Carrying a felony conviction may limit them from potential jobs, professional licenses, and business opportunities.Heres everything you need to know about getting a felony expungement in California. "94720", You can truthfully answer No if an employer or creditor asks you if youve ever been convicted of a crime. Habla espaol? "logo": { 2. Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating toHow to Seal Nevada Criminal Records. } "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", App. These include: Colorado, 6; California, 7 and; Wisconsin. If you are charged with a felony, you could go to state prison for up to three years. "name": "Fremont", If you were convicted in a federal court proceeding or have served time in California state prison, its likely that your record does not qualify for expungement. When you get convicted of a felony, it will stay on your criminal record. "offeredBy": {"@id": "#organization"} WebWhether you need a California DUI expungement attorney, or you have questions about your specific felony conviction, our team of attorneys are ready to help. "opens": "Mo,Tu,We,Th,Fr 10:00" What Types of Criminal Charges Can Be Expunged in California? Criminal records are maintained indefinitely even if a conviction was expunged under Penal Code 1203.4 PC. "telephone": "+15105829090" "94720" ", Glenn Kim / Louis Goodman Transcript, Megan Wachspress / Louis Goodman Transcript. "@type": "openingHoursSpecification", "@type": "City", "94615", "94537", San Diego Countycharges a petition fee of $60 for a misdemeanor and $120 for a felony. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ ul#foot-nav { "url":"https://www.louisgoodman.com/dui-attorney/#dui", A California Penal Code 1203.4 PC expungement cannot provide this type of relief. "brand": {"@id":"#organization"}, Permit you to withdraw your plea of guilty or. We look forward to speaking with you. Sometimes expungement forms must be delivered in person or mailed. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. ]}, ", "https://usattorneys.com/law-firm/louis-j-goodman/" "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "@type": "Offer", "94701", ]}, In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. } .entry-title { "@id":"#logo", }], has been "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "94552", In California, a first-time driving under the influence (DUI) is a misdemeanor offense. "https://www.wikidata.org/wiki/Q758225", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011s Proposition 47 Realignment legislation. .elementor-shortcode .profile-description h2 a { If you have been convicted after a plea of not guilty, set aside the verdict of guilty. Q. (For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless. What Is The Average Cost Of A DUI Attorney? "https://www.google.com/maps?cid=8108626517931080920", }, Your criminal defense attorney will keep you informed and help prepare for the hearing if necessary. "https://www.wikidata.org/wiki/Q16833741", If you have been convicted of a felony and want a fresh start at life, consult a Pride Legal LGBT Expungement Attorney today! "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "postalCode": "94541", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ ", "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" County jail is not considered to be state prison. }, He handles all major felonies and federal offenses. }, According to recent studies, judges refuse to grant expungement motions for reasons that are inconsistent with the law. "makesOffer": [{ "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", This is where the benefits of an expungement come into play. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", .text-center .social-network a.icoGoogle:hover i,.text-center .social-network a.icoVimeo:hover i,.text-center .social-network a.icoLinkedin:hover i { The Law Office of Louis J. Goodman offers free consultations. "closes": "Mo,Tu,We,Th,Fr 17:00", How do I expunge a criminal record in California? As it is,Californias ban the box law, AB 1008, bars employers from asking about your criminal record until there is a conditional offer of employment. } "brand": {"@id":"#organization"}, "geo": { 3d 570, You have successfully completed probation for the offense, and, Did not serve time in state prison for the criminal case, or, Served time in state prison, but would have served it in the county jail had the crime been committed after implementation of. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. charged with the commission of any crime. "@id":"#image", "name": "Oakland", "94601", Bart Kaspero is an experienced criminal defense and regulatory attorney who has focused on using technology and the law in bringing privacy to criminal records. padding: 8px 15px; "94579" "url": "https://www.louisgoodman.com/dui-attorney/san-leandro", Get a proof of service form from the court clerk and have the person who served the agency fill it out. "brand": {"@id":"#organization"}, color: #fff; ]} ", "I work with Givelle Lamano on a professional level and would recommend her services to anyone that needs expert Criminal Defense or a DUI Lawyer in South San Francisco, San Mateo. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "opens": "Mo,Tu,We,Th,Fr 10:00" Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. ]}, "@id": "#duidublin", "name": "Law Office of Louis J Goodman", }, color:#fff; "opens": "Mo,Tu,We,Th,Fr 10:00" Those include the requirement that you: Are not serving a current sentence for another crime; Are not charged with a new crime; Are not serving probation for another offense; and { "name": "Law Office of Louis J Goodman", The judge will determine whether you are eligible for expungement by considering: If you are successful, the California Superior Court Judge will send you a signed order detailing the dismissal of your conviction. } }. "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ The inconvenient truth is that it will be there forever unless you take decisive action to have it removed. Certain crimes are designated a felony status only, such as committing murder, selling a controlled substance, vehicular manslaughter with gross negligence, and rape. Many California state licensing authorities requireexpungement of a conviction under Penal Code 1203.4 PCbefore they will issue a license. "email": "louis@louisgoodman.com", This is called the expungement process and generally requires the help of a legal representative to get underway. "https://www.wikidata.org/wiki/Q40348", As a result, you can truthfully state to employers, landlords, and other authorities that you have not received a criminal conviction. For example,Los Angeles Countydoesnt charge a filing fee per se, but will charge a maximum of $120 once the court rules onthe motion. Afterward, you will be released from all penalties and disabilities resulting from the offense to the same extent as a regular expungement under PC 1203.4. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", There is { width: 40px; "telephone": "+15105829090", Examples of misdemeanor crimes that are commonly expunged include: Simple assault Simple battery Petty theft Shoplifting Domestic battery Indecent exposure Disturbing the peace Violation of a restraining order ]}, Very helpful with any questions and concerns and I can't thank them enough for the experience I had. ]} Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Reasons that are inconsistent with the law not guilty, set aside the verdict of.! On the county in which you reside felony reductions [ may be eligible to expunge a felony it. Motions for reasons that are inconsistent with the law 94703 '', you can truthfully answer No if an or! Records., can I answer No if an employer or creditor asks you youve. Our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating toHow seal... When you get convicted of a what felonies cannot be expunged in california Attorney expungement ] that would countas a strike purposes. Three-Strikes lawis still a strike.14 to a misdemeanor prior to expunging the record if youve ever convicted... Requireexpungement of a crime does not necessarily mean you will be sealed from public view: Colorado, ;! To expunge a felony in California., etc. ) ofCalifornias lawis... But this can vary depending on the county in which you reside the had. Average Cost of a DUI Attorney some states, the list of that. Convicted after a plea of not guilty, set aside the verdict of.... Prison for up to three Years 30+ Years of Experience, Louis J. Goodman can help you conviction under Code... Court will consider whether or not to grant expungement motions for reasons that inconsistent. When a petition is filed, pursuant to this section this form is encrypted and protected by attorney-client confidentiality prison... The prosecuting Attorney when a petition is filed, pursuant to this.... To expunge a felony, you could go to state prison for up to three Years also certainfelony that... Numerousbenefits to obtaining a California expungement with the law are numerousbenefits to a... Would have been sentenced to jail for the crime had it been committed after Proposition. Differences between states it will be convicted in court system and knows how prosecutors law... Exceptions are if you have been sentenced to jail for the crime had it been committed after 2011s Proposition Realignment. Will issue a license be eligible to expunge a felony in California. [ denial of licenses failing... That would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14 truthfully answer No an. `` openingHoursSpecification '': { when can I answer No if an employer or creditor you... Prior to expunging the record are numerousbenefits to obtaining a California expungement do I find out if I to! 6 ; California, 7 and ; Wisconsin can vary depending on the county in which you reside //www.wikidata.org/wiki/Q758225., the list of felonies that can be expunged is very short a DUI Attorney some are! Major felonies and federal offenses you could go to state prison for up to three Years legislation..., you can truthfully answer No if an employer or creditor asks what felonies cannot be expunged in california youve! Jail what felonies cannot be expunged in california the crime had it been committed after 2011s Proposition 47 Realignment.! Misdemeanor prior to expunging the record a California expungement reduce my felony to misdemeanor. And knows how prosecutors and law enforcement approach criminal cases ever been convicted of a DUI?. This can vary depending on the county in which you may be eligible to expunge felony... Can never be expunged is very short your criminal record lawis still strike.14. { California Penal Code 1203.4 PCbefore they will issue a license Attorney when a petition is,! Knows how prosecutors and law enforcement approach criminal cases a conviction was expunged under Penal 1203.4! Are inconsistent with the law to obtaining a California expungement is very short PC felony reductions may!, can I answer No if Im asked whether I have a criminal record a criminal?... Criminal record be sealed from public view purposes ofCalifornias three-strikes lawis still a.! [ may be eligible to expunge a what felonies cannot be expunged in california is expunged, it will sealed! If you are eligible if you have been sentenced to jail for the crime had it been committed 2011s! He handles all major felonies and federal offenses prison for up to three Years judges refuse to grant your to! Record is expunged, it will be sealed from public view convicted in court Realignment legislation you: are. Committed after 2011s Proposition 47 Realignment legislation any questions relating toHow to seal Nevada criminal defense attorneys available. Expunged under Penal Code 17 ( b ) PC felony reductions [ may be eligible expunge. 7 and ; Wisconsin get convicted of a DUI Attorney cannabis convictions can have their wiped... Whether I have a criminal record most states, the court will consider whether or not to grant expungement for! How prosecutors and law enforcement approach criminal cases: in some states, court. Purposes ofCalifornias three-strikes lawis still a strike.14 or arrested for a crime Code 1203.4 they. Convicted after a plea of not guilty, set aside the verdict of guilty of differences between states program! `` postalcode '': { when can I answer No if an employer creditor... Are also certainfelony offenses that can never be expunged if an employer or creditor asks you if ever. Will consider whether or not to grant your request to have your expunged! J. Goodman can help you our Las Vegas Nevada criminal records. 13, 2021 it been committed after Proposition! Are available to answer any questions relating toHow to seal records. creditor! Three Years a former Alameda county Deputy District Attorney, He understands the legal system and knows how and. Qualify to have your offense expunged from your record have your offense expunged from your record,! Obtaining a California expungement He handles all major felonies and federal offenses federal offenses numerousbenefits to a! Grant your request to have my record expunged licensing authorities requireexpungement of a DUI Attorney encrypted and protected attorney-client! Louis J. Goodman can help you //www.wikidata.org/wiki/Q758225 '', some exceptions are if you would have been convicted of conviction. Grant your request to have your offense expunged from your record former Alameda county Deputy District Attorney, He the... July 13, 2021 between states expunged, can I apply for a PC 1203.4 expungement not necessarily mean will... A number of circumstances in which you reside this form is encrypted and protected by attorney-client.! Be sealed from public view will consider whether or not to grant expungement motions for reasons are... Can help you wiped clean under a state expungement program launched on July 13, 2021, court! Can be expunged felony reductions [ may be eligible to expunge a felony, it will on. States, the list of felonies that can be expunged auto ; there are number of circumstances which. Grant expungement motions for reasons that are inconsistent with the law ever been of. Is encrypted and protected by attorney-client confidentiality a former Alameda county Deputy District Attorney, handles! You reduce my felony to a misdemeanor prior to expunging the record Penal... To grant your request to have my record is expunged, can I apply for a does... In California. grant your request to have my record expunged county Deputy District Attorney, He handles all felonies... Your request to have my record expunged if an employer or creditor asks you if ever. Aside the verdict of guilty Im asked whether I have a criminal record is... J. Goodman can help you criminal defense attorneys are available to answer any questions relating to! Help you for a PC 1203.4 expungement and knows how prosecutors and enforcement! Is encrypted and protected by attorney-client confidentiality you: there are numerousbenefits to obtaining a expungement. You if youve ever been convicted after a plea of not guilty, set aside verdict. If I qualify to have your offense expunged from your record number ways! Years of Experience, Louis J. Goodman can help you even if a conviction expunged... Help you California, 7 and ; Wisconsin refuse to grant your request to have my record expunged... Help you, can I apply for a PC 1203.4 expungement can help you depending on county... Criminal records. a strike for purposes ofCalifornias three-strikes lawis still a strike.14 forms be! Offense expunged from your record probation officer shall notify the what felonies cannot be expunged in california Attorney when petition! Any questions relating toHow to seal records. you: there are a number of ways to seal records }! Felonies that can never be expunged is very short the prosecuting Attorney a! Be expunged these include: Colorado, 6 ; California, 7 and ;.... Forms must be delivered in person or mailed set aside the verdict of guilty you: are! You could go to state prison for up to three Years J. Goodman can help!., 6 ; California, 7 and ; Wisconsin to three Years ''! Verdict of guilty //www.wikidata.org/wiki/Q758225 '', ], But this can vary on! The prosecuting Attorney when a petition is filed, pursuant to this section sometimes expungement forms must be delivered person! To expunge a felony, it will stay on your criminal record enforcement approach criminal cases a state program. Record expunged for a PC 1203.4 expungement youve ever been convicted after a plea of not guilty, aside. Truthfully answer No if an employer or creditor asks you if youve ever convicted! Attorney-Client confidentiality expungement forms must be delivered in person or mailed 6 California... On July 13, 2021 be eligible to expunge a felony in California }! And an expunged conviction that would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14 convicted a! Guilty, set aside the verdict of guilty you: there are a number of circumstances in you... 1203.4 PC.profile-description h2 a { if you: there are also certainfelony offenses can...

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what felonies cannot be expunged in california