Legal Question in Criminal Law in California

What are the necessary actions needed in order for me to dismiss my misdemeanor? I committed petty theft on 11/13/2007in California and pledged guilty on 12/28/2009. As a result, I have been fined, served 3 days in jail (work program substituted), and given 2 years informal court probation. Recently, two years have been passed and I have had no official documents mailed to me in order to notify that I have served my 2 years of informal court probation. I am planning on filling out a 1203.4 form in order to dismiss my case; but how will i fill this part out:

the defendant in the above-entitled criminal action was convicted of a violation

of section(s) (specify): of the (specify): Code

Also, what does CII stand for? Furthermore, who would I mail the form to and where would I fill their mailing address at. How long will this process take? Lastly, is there anything I need to do?


Asked on 1/05/10, 11:22 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

No one 'sends' you any notice about your probation ending.

You do not get your conviction 'dismissed', Many convictions can sometimes be 'expunged' by proper application and Motion to the court, if all terms of probation [or at least one year] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. 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 licensing, bonding, security clearance, etc.

If you don't know how to effectively represent yourself in this Petition and motion, then you could hire an attorney that does. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 1/11/10, 12:10 pm


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