Legal Question in Criminal Law in California
i was arrested in march 1972 for a controlled substance 3 possession, with 6 month suspended sentence and 6 months of probation. since that time i have no other arrests. can i get this charge expunged from my records. it is showing up on FBI fingerprints reviews
3 Answers from Attorneys
Getting your criminal conviction expunged can be done; but, somewhere in Washington, D.C., the FBI has a study in black and white of your fingerprints, and that's forever.
The FBI will keep your fingerprints forever. They have mine from years ago when I joined the military and got a security clearance.
Yes you can. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition 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, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. 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 so, and you think you qualify, feel free to contact me for the legal help you'll need.
Related Questions & Answers
-
Im just wondering what is the punishment for purchasing alcohol for a minor in... Asked 9/19/10, 2:13 am in United States California Criminal Law
-
Husband was arrested during a traffic stop, was told he had an outstanding warrant... Asked 9/18/10, 10:43 pm in United States California Criminal Law