Video – Attorney Darryl Stallworth Explains When It Is NOT Possible To Get An Expungement Of Your Criminal Record

Ray Hrdlicka – Host – Attorneys.Media

You mentioned that it is… obviously… violent crime’s excluded, felonies excluded.  You said going to prison.  But if you’re in jail, you know, county jail.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

It has to be prison.

Ray Hrdlicka – Host – Attorneys.Media

Has to be prison, okay.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

It could be a felony auto theft, where there was $1,000 dollars worth of radio equipment stolen.  That’s a felony, but it’s not a violent one.  You didn’t go to prison.  That’s expungable.

And if you show that you have matured and moved on…you’ve got enough career, you went back to school.  They’re not just handing out the expungements just because you apply.  You’ve got to give the court a reason why they should make this exception for you.  Then we do a pretty good job of going through the backgrounds and putting together resumes and getting character letters to show that this person is deserving of having a clean slate.

Ray Hrdlicka – Host – Attorneys.Media

Well, there’s a lot more people in county jail then there are prisons.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

For the temporary period of time, you know, county jail.. it’s pretty much a place where cases are being processed and settled.  So you’ve got a larger volume because of the people that are in county jail.  Not very many of whom are actually going to prison.

That’s when you get to the higher level of stuff.  So you can get arrested…and be in county jail.  And most likely your case is going to resolve with getting credit for the four months you’ve done…or the six months.  Or sometimes, if you’re waiting to go to trial, and you’ve been in kind of jail for three years,and your sentence is five years… you’ve already done 70% of the time.  You do another year in county.  You can get credit for time served without having to go to prison.

Ray Hrdlicka – Host – Attorneys.Media

I see, I see.  And then it’s expungable.

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Yes.