Alameda County Expungements
The Law Office of David Reagan has over a decade of experience bringing petitions to dimissis under Penal Code section 1203.4 (expungements) for cases in Alameda County.
Where are expungements heard in Alameda County?
Felony and misdemeanor expungements are both heard at the Wiley J. Manuel Courthouse of the Alameda County Superior Court, located in Oakland at 661 Washington Street. Currently (as of October 2023), misdemeanor expungements, petitions to seal arrest records, and motions to reduce felonies are heard in Department 106.
What happens after the filing of an expungement petition in San Leandro and Oakland?
The clerk will set a court date for the hearing. There are many people filing clean record petitions, so a hearing can be anywhere from a month to three or four months from the date of filing.
On the day of the hearing for a clean record petition, the Alameda County District Attorney and court will have read the motions and/or petitions for expungement. The district attorney will either be in court or appear virtually (many attorneys appear virtually as well). Prior to the hearing, the district attorney gives a list of the cases to the court and in many cases the district attorney will not oppose the petition. The court will read the names in those cases and no hearing is necessary; the court will sign the order and it will be available from the clerk’s office in the next few days. If the district attorney does have an objection, there will be a hearing where the defense attorney and district attorney will have the chance to argue the case. The court will then make a ruling or ask for more time to consider the case.
In cases with successful completion of probation or cases with great need for expungement, the district attorney will often not object. Other times, however, particularly when the case was serious or there were probation violations, the district attorney will object to expungement or reduction to a misdemeanor. The Law Office of David Reagan puts great attention and care into each case with the goal that the district attorney does not object.
Once the petition or motion is granted, the order can be picked up at the clerk's office after a few days. The clerk of the court is then supposed to notify the California Department of Justice of the dismissal, so a notation can be added to the California Department of Justice background report, but sometimes the clerk does not do so or the transmission is missed by the DOJ. The Law Office of David Reagan advises clients to wait four to five months and then request a California Department of Justice criminal history report. If it has not been updated, the Law Office of David Reagan helps clients request an amendment, which is particularly important when a felony has been reduced to a misdemeanor.
Why hire a lawyer?
Certain circumstances, like convictions for driving under the influence, cases where the person violated probation, and cases where people have multiple convictions, may need to justify that relief is warranted "in the interests of justice." This means that the court has discretion to grant the petition or motion. In these cases, the Law Office of David Reagan submits a declaration and, when necessary, character reference letters with the petitions to make sure the court understands the unique circumstances of the client and the reasons to grant the petition. The personal touch given each petition and motion gives clients an opportunity for a successful outcome.
If a client has a felony conviction that can be reduced to a misdemeanor under Penal Code section 17, subdivision (b), like assault with a deadly weapon, grand theft, or felony driving under the influence, the Law Office of David Reagan can help convince the court that the felony should be reduced to a misdemeanor. If a conviction is reduced from a felony to a misdemeanor, it often restores gun ownership rights and assists in obtaining employment.
For clients with numerous old convictions - for example from the 1980's or 1990's - the Law Office of David Reagan can assist a client in obtaining a comprehensive background check from the California Department of Justice that will locate all prior convictions. That way, clients can be sure all of their convictions have been dismissed or reduced to misdemeanors
With over a decade of experience handling expungements, motions for early termination of probation, and motions to reduce felonies throughout Alameda County, the Law Office of David Reagan puts the best case forward for clients because a dedicated focus on every client is the priority.
