Legal Question in Criminal Law in California

5 years ago, a few of my friends and I did something completely dumb. At the end we were charged for attempted kidnap, which we did not intend to do anything like that. But because a friend of mine pulled the girl while fighting her we were charged as that. During that time I had just turned 16, and the rest of the girls were still 15 turning 16 a month or so after I did. We were all brought to juvenile hall and were held there for 40 days. After we were let out, we were all on probation and had community service. I was let off probation due to my improvement because of my grades and that I worked.

The thing is, I was the only one charged with the strike because I was a month older than them. And they were let out with just juvenile records. When I got stuck with an adult record.

After I was out, I worked at a Youth Center until I turned 18 and they hired me as a Program Educator after High School. But now the economy is so bad that they started laying off everyone, I got laid off also. Now I'm in college, trying to put my past behind me and move on, but cannot. I've learned from my mistakes, I know it was wrong what we did, but I still don't think it's right that I didn't even touch the girl and was given a strike. Now I don't know if I can get a job, and I've been to the place to see if I can seal my records. They said I can't but the rest of the girls can.

Is there anything I can do?


Asked on 1/09/11, 9:19 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

There is no way to seal an adult criminal record.

If you completed probation, you can apply for a dismissal under Penal Code �1203.4, which is sometimes called an expungement even though it doesn't expunge anything. The court records will note the case was dismissed, but you still have to disclose the conviction when applying for state professional licenses & certain jobs. (I'm surprised you were allowed to work at a school with such a recent, serious conviction.)

Some felonies, known as "wobblers," can be reduced to misdemeanors, but kidnapping, Penal Code �207, isn't one of them.

The lawyer who represented you in this case may know other details that might lead to a different answer, so check with him or her.

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Answered on 1/14/11, 10:01 am
Terry A. Nelson Nelson & Lawless

The general rules and guidelines are: Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, 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 reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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 and employment because of your conviction. If you�re serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 1/14/11, 10:53 am


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