Legal Question in Criminal Law in California

i was arested for possesion and under the influence of meth i was sent to do a term (time) 16th months half time four years ago can i have my record sponged


Asked on 11/12/09, 8:21 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Probably not. Many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes crimes, if you completed and finished all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. If you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 11/17/09, 9:19 pm


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