Legal Question in Criminal Law in California

In 2000, i plead guilty to one count of PC 311.1(a). I received no jail time (i never spent any time in custody) and was not required to register as a sex offender. I was 21 at the time and did quite a poor job of finding out the exact details of my plea. As i remember, i believe there was mention of a reduction to a misdemeanor and possible expungement after successful completion of a three year probation.

I completed my probation successfully and have had zero law enforcement contact in the last 15 years. I have since moved out of State.

Is expungement even possible for this type of felony offense? Is it possible to get it reduced to a misdemeanor? If it was reduced, would it show up on a background check by an employer?

I'm desperately trying to get out from under the stigma this puts on me and the damage it causes with potential employers. What would be the best way of going about it? Would i have to go back to the courthouse where i entered my plea and petition a judge? Would there be any point in getting a reduction for this type of offense?

What I'm really looking to do is get it expunged. Any and all help is greatly appreciated.

Thank you for your time.


Asked on 1/27/15, 10:58 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

Contact a good local criminal defense attorney that practices where the conviction occurred.

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Answered on 1/28/15, 7:48 am


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