Legal Question in Criminal Law in California

You can get a paper from the court where you had the charge, and attempt to get the case "expunged". Pursuant to 1203.4 pc, you can have your conviction withdrawn. However you must understand that even if the judge grants your request, your record would still show the arrest, the conviction and then the expungement. You definetly should pursue the motion....just know what it is and what its not. I wish you well... David Wallin

You've listed a zip code for Nevada, but have posted in California. If the original charge was in California, then you should contact the court where the charge was and request a form to file a petition pursuant to Penal Code section 1203.4. Each court has a different form, and a statewide form has not been issued yet by our Judicial Council.

If the charge was in Nevada, you will need to repost in Nevada. Good luck!

While the general rule is �Records are forever�, some California 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, and if it was not for certain listed sexual molestation 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 If successful, the conviction would be withdrawn and the charges dismissed.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'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, and others. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. 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.