You caused another person’s death, and have paid all the legal penalties, and would like to have the conviction removed from your record. The question is whether or not you are eligible for this relief. That will depend on several factors: the level and nature of the criminal act, and the limitations of California’s expungement law. Takakjian & Sitkoff, LLP knows the law and can help you navigate your options concerning manslaughter expungement.
Three Types of Manslaughter
California’s Penal Code contains three kinds of manslaughter: voluntary, involuntary and vehicular manslaughter. The general rule is that a person committing manslaughter lacked the intent to kill. They were found to have acted with negligence or recklessness and should have foreseen that serious injury or death would have resulted from their actions If you are convicted of voluntary manslaughter 192 (a) PC, your chances of getting the conviction dismissed are rather poor. In the first place, voluntary manslaughter is a felony that carries a sentence in state prison, and those may not be expunged. You lacked the malice aforethought and killed another person due to passion or provocation. Since you did take a human life, you face stronger punishment when found guilty.
After serving your sentence in state prison, and satisfactorily completing parole, you may apply for a Certificate of Rehabilitation and Pardon. It means you will have to submit proof of a clean record, as well as ties to your community. When granted, the certificate is proof to potential employers that you made a serious mistake but have worked to rebuild your life and become a law abiding citizen. Most convicts struggle to find work, and this certificate can help.
Manslaughter Expungement Criteria
As for involuntary manslaughter (192 (b) PC) that also may not meet the criteria for expungement. The crime of involuntary manslaughter occurs when the defendant had a duty of care toward the victim, breached that duty, and the breach caused the victim’s death. Some examples of involuntary manslaughter are:
- A doctor prescribes the wrong medication for a patient, and the patient dies from the side effects—the doctor failed to check for possible interactions.
- Defendant commits a misdemeanor, stealing a bike, and strikes a pedestrian while riding the bike—the victim dies as a result.
If the negligence constituted gross negligence, the legal penalties will be more stringent, constitute a felony and be ineligible for expungement. After completing their sentence, and filling the conditions of probation or parole, a person can apply for a Certificate of Rehabilitation and Pardon.
Of these three crimes, vehicular manslaughter presents fewer obstacles to expungement, because it (192 (c)) is a ‘wobbler’ and may be charged either as a felony or misdemeanor. That leaves the door open to have the sentence reduced from a felony to a misdemeanor and getting the misdemeanor expunged.
Los Angeles Manslaughter Expungement Attorneys
Convicted Felons face tremendous obstacles after leaving prison. Consult with an experienced attorney to see if you are eligible for either a Certificate of Rehabilitation and Pardon or Expungement of your record. You deserve a second chance, and California law does provide them, but only an experienced lawyer can give you the help you need. Contact Takakjian & Sitkoff, LLP today for a free consultation.
Related Manslaughter Expungement Links
Murder and Voluntary, Involuntary, and Vehicular Manslaughter