Legal Question in Criminal Law in California

I would like to clear my criminal record. I was convicted of a felony in 2000. I was placed in formal probation, I failed to pay restitution fees and was sentenced to 2 years of jail time (which I served in county jail), back in 2011. I was released from jail in May 2012. I want to know if I can clear my record under Penal Code1203.4 or under Penal Code 1203.4a? If I can clear my record, under which code do I need to apply? Do I have to apply for clear of my record in any other manner? The two year qualified me for state prison time, but because the crime was not violent, I was able to stay in county jail. I was not placed on parole and am not in probation for this or any other matter. I was convicted of Penal Code 487(a). All of this happened in Los Angeles County.


Asked on 4/18/13, 2:33 pm

3 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

If the two years was considered prison time you cannot expunge your record.

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Answered on 4/18/13, 9:30 pm
Anthony Roach Law Office of Anthony A. Roach

In most cases, the offense of grand theft in California is a wobbler. Wobblers originally charged as felonies can be reduced to misdemeanors and then dismissed provided that you were not sentenced to state prison. I would have to look at the sentence to be sure.

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Answered on 4/19/13, 1:28 pm
Terry A. Nelson Nelson & Lawless

some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting 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.

Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses.

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.

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Answered on 4/20/13, 2:08 am


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