Auburn, CA Criminal Defense Law Firms & Lawyers

If the case is still open and pending with a warrant for you arrest because you didn't go to court, or didn't complete probation, then yes, you and your attorney can go to court and handle/defend the charges. If the case is over, convicted and sentences, then: some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, remove or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

First, if the police want to question you, refuse. You have a right to remain silent, and it is almost never in a suspect's interest to talk to the police. Second, you do not have to prove that you did not do this. If you are charged, the State must prove beyond a reasonable doubt that you did it. There is not much you can do about it for now. If you are charged, hire a lawyer or get a public defender if you qualify for one. You could go ahead and retain an attorney now to monitor the situation and help you deal with the police.