What is an Expungement?
 Penal Code section 1203.4 states:
In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enters plea of not guilty..the court shall thereupon dismiss the accusations or information against the defendant.
What does Expungement really mean?
For those who qualify, the Judge will allow the guilty plea or conviction to be reversed, a not guilty plea will be entered, and the Judge will dismiss the case
Who qualifies for an Expungement?
All cases against you must be in a closed status (not serving a sentence, nothing pending, and not on probation). Note: If you are still on probation, you have the option to Motion the Judge to terminate the probation period early, and then you qualify.
Convicted of a misdemeanor?
If all conditions of probation, including fines, classes, jail time, and the probation period have been satisfied, you qualify.
If there was no probation period, but one year has passed since the conviction, you qualify.
Convicted of a felony?
All the above apply. In addition, you did not go to prison. Also, you were not convicted of one of the designated ineligible "sex crimes".
Juvenile offense?
You qualify for the sealing of your juvenile record. This may take place anytime after your 18th birthday.
After the Expungement, what shows on the record?
Depends on who is looking:
Private Sector: If you are applying for private employment or at private schools you are not required to disclose the previous conviction(s).
Public Sector: If you are applying for government employment or licensing you are still required to disclose the conviction and dismissal
Contact an attorney for your specific application question. The worst application answer is a lie, regardless if unintentional or not.
What about future "crimes" or conviction terms not absolved through Expungement?
Future Crimes: The government/law enforcement will use the expunged conviction to increase sentencing on the current accusation
Driving offenses: Even when expunged, the DMV/driver's license consequences are not absolved
Eligible Sex Crimes: The reporting terms are still required even after expungement
Felonies: Still cannot own or possess firearms
For other related information on Expungements and Employment visit: Orange County Job Finders
or Employment Guide or Careers in Orange County
Call me now
for a free consultation.
Rosanne Faul is an Orange County Lawyer
experienced
in Expungement cases.
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