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California's expungement law permits someone convicted of a crime to file a Petition for Dismissal [9] with the court to re-open the case, set aside the plea, and dismiss the case. [10] In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a ...
California has several post-conviction remedies that are sometimes called expungement. [11] For misdemeanor and felony crimes (not involving a sentence in state prison), a petition for expungement is filed in the court of conviction, seeking to have the conviction dismissed pursuant to Penal Code section 1203.4.
The superior court either holds oral argument or publishes a tentative ruling followed by hearing oral argument, and then files an order granting or denying the petition. Further appellate relief is pursued on direct appeal before the relevant Court of Appeal (rather than by another writ petition).
Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
These forms of conservatorship are governed by the California Probate Code, and Welfare and Institutions Codes. [ 10 ] LPS conservatorships begin with a temporary 30-day conservatorship, and if the conservatee remains gravely disabled, the conservator is reappointed for a year; the LPS conservatorship can be renewed annually, or terminated if ...
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