Penal Code 1203.4 allows individuals convicted of select misdemeanors or felonies to have their record expunged after they have successfully completed probation, so long as they have not served any time in state prison, and are not currently on probation and do not currently have an open criminal case.
To have successfully completed your probation you must have completed all terms of probation, attended all required court appearances, and not committed any new crimes. If however you violated probation you still may be entitled to an expungement after the court holds a special hearing that evaluates a number of factors relating to your candidacy for an expungement.
The following California crimes cannot be expunged;
- Sodomy with a child, Penal Code 286(c),
- Lewd acts with a child, Penal Code 288,
- Oral copulation with a childPenal Code 288a(c),
- Statutory rape, Penal Code 261.5(d)
What does an expungement do?
- Creates a new entry in the court record displaying that the case has been dismissed,
- Allows you yo truthfully answer on many, but not all, job applications that you have not been convicted of a crime. The exception is in an application to a government job, a job that requires a government issued license, or a job that requires a security clearance. When applying to these jobs the conviction will be discovered, and as such should be disclosed,
- Prevents the prosecutor from using the conviction to impeach you if you testify as a witness. The exception to this is if you are being tried for a subsequent offense.
The most valuable aspect of an expungement is that it prevents most prospective employers from seeing your conviction, and from using it against you in the hiring process.
What does an expungement not do?
- Reinstate your gun rights,
- Overturn a driver's license suspension or revocation,
- End your duty to register as a sex offender
Contact Us Now
If you or a loved one are facing criminal charges I invite you to contact the Law Office of Miles Booth by calling 424 272 1134 or emailing me at firstname.lastname@example.org.
I will provide you with a free case evaluation to help you determine the best available options for your case, as well as what steps we can take to help ensure your freedom.