Legal Question in Criminal Law in California

I have been charged with shoplifting. I am on 18 month non court probation which is ending in 2 months. It was my first time 2 yrs ago. I have never been in any trouble/cases prior to that weak and tragic moment of my life. My attorney was pretty sure that it will not make it to criminal record. Later he said case got complicated because my 3 yr old kid was with me. Incident happened in SantaClara county, CA. I am the only earning member of the family. I have job issues (S/W Engineer) going on. I really do not want that one time incident ruining my career and life. Will the Expungement erase the records every where (online records, databases, etc.,)? I read on some case data that few folks managed to bring down the misdemeanor to infraction after the serving the probation? Is that a possibility? How long the entire Expungement process takes and how soon I could apply for jobs? Thanks much for response and pointers


Asked on 3/25/16, 9:46 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

You should really be asking your lawyer these questions. That's why you hired them.

There is no "expungement" law in California. We have a retroactive dismissal under Penal Code 1203.4, but that doesn't erase anything. It just adds a notation that the conviction was subsequently dismissed. The record of conviction still remains in places like websites, your criminal history, etc. A 1203.4 dismissal just allows you to tell most private employers that you do not have the conviction.

I don't know why your lawyer is saying it "won't make it to criminal record". You are already on probation. You have a criminal record. You were also just arrested for theft and now will have a second criminal case. You will have that on your record as well.

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Answered on 3/29/16, 1:15 pm


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