Legal Question in Criminal Law in California

You weren't just charged, you were convicted, otherwise you wouldn't have had a record. Evidently your lawyer, probably a public defender, advised you to plead guilty and you did. The time to fight criminal charges is when they are pending, not after the case is over. The good news is that you can petition the court, only once, to have the charges expunged (assuming you successfully completed your probation). You could theoretically do this yourself, but your last experience with the system didn't end well, so you might want to retain an attorney to help you so it gets done right.

The best California offers for cleaning up your record of conviction is a dismissal of the charges under Penal Code 1203.4. It doesn't wipe it off your record, unfortunately. It adds a subsequent entry that it was dismissed. It allows you to tell most private emplayers that you have not been convicted. It can still be found by law enforcement and must be disclosed on applications or certain professional licenses.

If you were charged, but not convicted, then your options change. The exact nature of what happened in court matters.

While the general rule is �Records are forever�, some 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, and if it was not for certain listed sexual molestation crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Your conviction can be expunged. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, 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.