Legal Question in Criminal Law in California

Were you convicted? There is no way to completely erase an adult criminal conviction in California. A so-called "expungement" under Penal Code �1203.4 just adds a notation to the court records that the case was dismissed after successful completion of probation.

If you weren't convicted, you can petition for a factual finding of innocence, which would result in destruction of court and arrest records. You would bear the burden of convincing a judge you didn't commit the crime.

If you haven't been convicted, get a lawyer to defend you. She may be able to defeat the charges, or at least get you a deal involving a less serious crime. If you do end up with a conviction (or if you already have one), you may be able to get it expunged later if you successfully complete your sentence and any parole or probation. A lawyer will be able to help you apply for an expungement when the time comes.

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify later, feel free to contact me for the legal help you'll need.