Legal Question in Criminal Law in California

The file may be in a warehouse- your criminal record is available.

Your criminal record is available online through the DOJ database to law enforcement, courts and other entities doing background checks. Your paper court file has nothing to do with it.

If you are seeking expungement, you do so by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual 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If successful, the conviction would be withdrawn and the charges dismissed.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 specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, 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, for contracting with the California State Lottery, or for purposes of serving on a jury. 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.