Legal Question in Civil Rights Law in California
I have a pc 415 on my record. It was a plea down from a 484. When I plead to this I asked what would show up on my background check and the pd told me "disturbing the peace" I just got denied a job due to on my background check came back fighting in public. Is this correct? If I pay my fine off can I get this expunged?
2 Answers from Attorneys
Unfortunately the public defender will say anything to get you to plead guilty so they can be rid of you. After your probation is up you can seek an "expungement."
Your record shows whatever you pled to and were convicted of, regardless of what you may have misunderstood or been told.
Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.