How to Expunge: Robbery Charge in CA

Understanding Robbery Charges in California

Robbery is a serious felony offense in California, punishable by a prison sentence and fines. These kinds of convictions can have a significant impact on the lives of offenders, including limiting employment opportunities and affecting immigration status.

A defendant must understand the charges against them, as doing so is a part of determining the best course of action for expungement. A skilled attorney can assist in navigating the complex process of getting a prior criminal conviction dismissed. They can also assist with how to expunge truancy charge in CA.

The information below is meant to provide greater insight into what robbery entails under California law, as well as what the potential for expungement may look like.

Characterizing Petty Theft and Grand Theft

As there may be some level of confusion here, robbery and petty theft are not the same. The difference lies in the fact that a robbery will usually be characterized by some level of force and fear being used to take property against the will of a victim.

Petty theft does not bear these attributes, and the monetary loss in the matter will not exceed $950. On a related note, grand theft bears a resemblance to petty theft, with the difference being that the property's value will exceed $950. Such charges can be expunged for those who meet the requirements, but they are not the focus of the information being provided here.

Categories of Robbery

Before getting into the categories, it is important to establish that robbery is characterized by the following:

1. The offender took the victim's property.
2. That property was not in the offender's possession.
3. Whatever was stolen was either taken directly from the victim or their immediate presence.
4. Any property taken was not willingly handed over.
5. There was force or fear used.
6. The defendant had an intent to commit the theft before or during the time the force or fear factor was introduced.

First Degree Robbery

The categorization here comes from a combination of California Penal Code Sections 212.5 and 213. These robberies occur during transit, at an ATM, or at a residence. This felony conviction can result in sentences of up to nine years in state prison, as well as a fine of up to $10,000. Either punishment, or both, may apply.

Note, however, that a robbery may be aggravated in multiple ways, and these can cause sentences to be enhanced. For example, causing great bodily injury during a robbery can add three years in prison (five years in specified cases, such as an injury causing coma or paralysis).

Second Degree Robbery

California Penal Code Section 213 defines the second-degree as any robbery that does not meet the first-degree definition presented above. The punishment here may be felony probation, a fine of up to $10,000, or a state prison sentence that may be two, three, or five years. One or more of these punishments may be applied.

Is It Possible to Have a Robbery Conviction Expunged from a Criminal Record?

Robbery is always a felony. To be eligible for expungement, a defendant must have been granted probation for the robbery conviction. Additionally, the convicted party must have completed their sentence, including any probation or paying of fines. Those sentenced to time in state prison are not eligible for expungement, though anyone who served a county jail sentence may still pursue the process.

It is always recommended to consult an experienced robbery expungement attorney to get a better understanding of what is possible. Even in cases where the prescribed punishment prevents expungement, other post-conviction relief options may be on the table.

The Expungement Process Does Not Rewrite All History

Pause before jumping to the conclusion that a dismissed conviction gets rid of all the consequences associated with it. This is an inaccurate belief, as there are limitations on what an expungement can achieve. The following do not change, even in cases where the process was a success:

1. Driving privilege restrictions
2. Suspended or revoked driver's licenses
3. Restrictions on firearm ownership
4. Sex offender registry requirements

Additionally, it is also important to note that if there is any other criminal offense committed in the future, the expunged one can be used as a prior conviction to enhance any sentencing.

What Post-conviction Relief Does the Expungement Process Provide?

Here are some of the reasons why an expungement is desirable:

• Relief from the negative impact of a robbery conviction on the life of a past offender.
• A record that shows the conviction as dismissed, which can improve employment opportunities and make it easier to obtain housing.
• Peace of mind that comes from moving past the conviction.

Working with a Robbery Expungement Attorney

Working with an experienced expungement attorney can significantly improve the chances of success if there is any desire to have the conviction dismissed.

Criminal defense attorneys with the required qualifications and attributes have a comprehensive understanding of what is undoubtedly a complex process with several important caveats to remember. This expertise makes it much easier to navigate dismissal matters, especially since the agreement with the lawyer includes whatever representation is required at the expungement hearing.

Expungement and Immigration

A robbery conviction can have serious immigration consequences, including deportation. Expungement does not cure these consequences. For federal immigration purposes, the conviction still counts after a Penal Code 1203.4 dismissal. Only vacating the conviction because of a legal defect (for example, under Penal Code 1473.7) may help. Anyone who is not a U.S. citizen should talk to an immigration attorney.

How Are Robbery Convictions Expunged?

Robbery is a straight felony, so it cannot be reduced to a misdemeanor under Penal Code 17(b). A robbery conviction can be dismissed under Penal Code 1203.4 only if probation was granted and completed. No reduction is needed first.

In the petition, the defendant and their lawyer can show the court the person's rehabilitation and positive role in the community. Participating in non-profit activities can help.

Schedule a Consultation with a California Robbery Expungement Attorney Today!

Expunging a robbery charge in California can be a complex and time-consuming process. Even when dismissal is granted, the conviction still counts for some purposes, including as a prior strike. But a dismissal can still improve your life.

Don’t hesitate to contact attorney Blair Goss at Goss Law today to discuss your options and take the first step toward a brighter future. Schedule a free consultation today!