Legal Question in Criminal Law in California
12 years ago I was arrested and sent on a 90 day observation. The courts granted me probation and a treatment facility. I completed both with no problems. Never been in trouble since. Now 12 years later I am trying to expunge my record in order to start my career. Am I eligible for expungement or was my 90 day observation considered prison time?
1 Answer from Attorneys
If by 'observation' you mean involuntary commitment to a mental health facility, not a jail or prison, you may be able to expunge your court records, depending upon the criminal charges, but not the treatment facility records. If it was in prison or jail, then that would be part of the court/criminal record that would be expunged. Keep in mind expungement does not mean 'clean' or 'wipe' the records, it only makes a change to the records showing it was 'expunged'. Useful for many reasons, but not perfect.
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