Legal Question in Criminal Law in California

Can I have a 42 yr old misdemeanor burglary expunged and a 12 yr old petty theft expunged from my record. The judge sent me a letter and offered to expunge the misdemeanor burglary charge right after I finished the 2yr. probation(40 yrs ago), but I didn't follow through. The first(misd. burg.)was in San Diego, County and the second(petty theft)was in LA County? And would I need a lawyer or would the court do it upon request?


Asked on 3/23/12, 6:20 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Some CA 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 whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed.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'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. 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.

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.

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Answered on 3/24/12, 11:20 am


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