Thursday, December 12, 2013

How to Expunge a Felony in Orange County, California

If you have a felony conviction on your criminal record in Orange County, California, you may be eligible to have your felony expunged. Before entering this complicated process, there are a few facts that you need to keep in mind about how to file the petition for the expungement such as where to file the petition, how long the process takes, the cost of filing fees, and what type of representation you will need.
Typically, a felony expungement takes two to four months from the time that the expungement petition is submitted to the court. The length of the expungement process, however, often varies depending on the time of the year and other factors such as the age of your case, the number of counts with which you have been charged, and if the District Attorney objects to your petition for the expungement. In Orange County, the expungement process can be expedited by utilizing different filing procedures.
How to File a Petition for Expungement
When you file the petition for the expungement, you will have to pay a filing fee, which for a felony expungement is usually $120.00; however, cost may vary depending on how many charges are being filed. Generally, you will file the petition for your expungement in the same court that oversaw the criminal case for your felony. You can call the court clerk for information regarding your case, or you can speak to an attorney who can research and access your case information. The information that you will need for your case is the name of your arresting agency, the date that you were arrested, your case number, and the date that the disposition was given.
Call the courthouse that has jurisdiction over your expungement. Here is a list of Superior courts in Orange County that you can call with questions regarding your case:

  1. Harbor Justice Center
    4601 Jamboree Rd
    Newport Beach
    (657) 622-5400
  2. North Justice Center
    1275 N Berkeley Ave
    Fullerton
    (714) 834-5400
  3. Lamoreaux Justice Center
    341 The City Dr. S
    Orange
    (657) 622-6069
  4. Central Justice Center
    700 Civic Center Drive West*
    Santa Ana
    (714) 449-8100

*The Superior Court of Santa Ana is the only court that oversees cases with felonies in Orange County.
It is highly advisable that you have an attorney represent you. By hiring an expungement attorney, you are making sure that someone who is knowledgeable in the Orange County expungement process guides you through the complicated felony expungement process from filing court documents accurately and on time, to representing you in court. While you always have the option to represent yourself, in doing so you may run the risk of not filing your documents accurately, which can causes your case to be prolonged or, even worse, result in a failed felony expungement petition.

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