Legal Question in Criminal Law in California

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. Your theft conviction could still be used to make any future petty theft a felony.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like LawGuru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Yes. Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed and finished all terms of probation, and if you have no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

California Penal Code, Section 1203.4 provides for an expungement in cases where the someone has completed probation or where probation has been terminated. There are situations where petitioning the court to terminate probation early is successful and if that happens 1203.4 can be petitioned early. The court also has discretion to grant an expungement if it is determined to be in the interests of justice. So the answer to your question is yes, you may request an expungement.

However, it is important to understand that an expungement does not erase or remove the conviction from your record. What it does is show on your record that you fulfilled all the conditions of probation and since you were successful the court then dismissed the charge after probation was either completed or terminated. So in practical terms this means that if asked if you have ever been convicted of a crime the honest answer is yes because you were convicted and it was subsequently dismissed due to your following the rules of probation.

In my opinion it shows the individual was pro-active about making some changes in their lives after making a mistake. It shows the person cared enough to do what was available to make the conviction as good as it could possible get. So although you could not make it go away you still pursued the best course of action available to you.

A lot of applications will state very clearly that cases or charges dismissed under 1203.4 must be disclosed. So I would suggest to someone filling out such an application to tell the truth and disclose the information. In my opinion it allows the person to turn around the conviction into a positive by telling the employer about it and showing their belief in honesty.

Generally you will find attorneys disagree on some of the points with 1203.4. Some feel it is a way to charge clients for something that really does not do much in practical terms. I disagree with that position. However, I also do not charge very much for doing them because they are not difficult. On any government application for a job or for a license the entire record will appear so it does not make it possible to lie on any applications. On some private applications for jobs the employer may not be able to find it when doing a back ground check, however I would still disclose it. The only thing I caution clients about with an expungement is it is not a way to make the conviction go away. It will still show, however it shows as being dismissed due to fulfilling the terms and conditions of probation.

The answer provided here is based upon general information and is not legal advice. The answer has not created an attorney-client relationship and there is no confidentiality between yourself and the attorney answering the question. The answer is based on general principles of law and does not constitute legal advice.

Good luck!

Brian