Legal Question in Criminal Law in California

Hello, my name is Brian.

Aabout 2 years ago, I was charged with misdemeanor for possession of Marijuana. I took diversion program and completed. My question is what will show up on my record? I hear that after two years, it is ERASED. What does that mean?? Does that mean it will be gone like shredding a paper? Or does this mean it will get expunged or dismissed? If it does get ERASED, I will be happy that none of the dismissed or expunged type of record show. But I hear that by taking a diversion program, it will be stated as dismissed. Will this be ERASED? I am confused... Will I have a clean slate as before I got charged, or will it still have traces that will follow me for rest of my life?


Asked on 12/27/10, 3:23 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you completed a diversion program, it's erased for all purposes unless you aspire to become a law enforcement officer.. It doesn't have to be expunged.

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Answered on 1/01/11, 5:21 am
Anthony Roach Law Office of Anthony A. Roach

Diversion is different than expungement. With diversion, if you successfully complete the program, the actual charges are dismissed. The court records remain, but you can truthfully answer "no" when asked if ever convicted of a crime. The arrest records also remain.

Legally, your position is the same as one who was arrested, but was never convicted.

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Answered on 1/03/11, 1:32 pm


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