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Expungment can be generally defined as the process of destroying, sealing, or striking out records or information related to criminal charges that affect one’s criminal record. In effect, if you have a criminal record expunged, it is as if it never happened. This means you will no longer have a criminal record and you will have the freedom to not disclose a prior criminal conviction on a job or housing application. There are different kinds of expungements, which will vary depending on the kind of criminal case that you have and the factors that are involved.

Do I Qualify for an Expungement?

California state law (CA Penal Code § 1203.4) allows one to expunge his or her criminal records for a misdemeanor or felony offense if s/he has successfully completed probation, is not currently charged with a criminal offense, on probation for another offense, or serving a sentence.

Earlier this month, the news reported Salinas Councilman Jose Castaneda’s new slew of legal problems, and this time they go beyond whether or not he is legally holding two elected offices. Salinas police announced that Castaneda was arrested and charged with kidnapping, false imprisonment, and felony domestic violence. According to reports, Castaneda was waiting for his ex-girlfriend when she arrived at her home on Friday night. He allegedly forced the woman into a van, drove away to another location, and held her hostage for several hours. During that time, police believe he assaulted her, leaving her with the bruises that led to the felony charge of domestic violence. Castaneda allegedly eventually released the woman and allowed her to walk home.

Castaneda and his attorney, Anthony Prince, eventually contacted police and said he would turn himself in to police. They asked police if it could wait until after a press conference Castaneda had scheduled for Thursday morning. Police took him into custody at the press conference. If convicted of the felony charges, California law would disallow Castaneda from holding any state office, and he would also face the legal ramifications associated with those charges. His bail is currently set for $100,000.

California False Imprisonment Law

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What is a Record Expungement?

Salinas Councilman Charged With Kidnapping, False Imprisonment, and Felony Domestic Violence