Legal Question in Criminal Law in California

Re: Clearing my record after 8 years

The term you're looking for is expungement. We've done literally hundreds of these with great success. Please call our office at (800) 382-3100 for a free consultation. We would love to help.

Re: Clearing my record after 8 years

Penla code section 1203.4 and 1203.4a provide for clearing your record. The procedure is that the probation office, upon your request checks your record. If you have not had any problems with the law, then the judge signs an order which withdraws your guilty plea and dismisses the case. This does not clear your record for all purposes. Law enforcement agencies will still see the conviction. Also some licensing agencies my be able to se the conviction.

The exact procedure depends upon the county. In some counties all you have to do is go to the adult probation office, fill out the form that is provided and pay the required fee. You may be able to do this for more than one case if necessary.

Since the case was sentenced as a misdemeanor and you completed probation successfuly it is a misdemanor, for most purposes.

The procedure provided for in penal code section 1203.4 and 1203.4a does not provide for the notification of any of the victims. However, your case file is a public record which can be viewed by anyone.

You can contact an attorney if you wish more information about your situation.

Re: Clearing my record after 8 years

Hello,

First, no ethical attorney, lest of all me, can

provide you legal advice without studying all of

the particular facts of your individual matter.

With that in mind, consider the following;

There is a relatively easy and simple procedure

under Penal Code Section 1203.4. Read the section.

Technically, you are allowed to take back your

guilty plea and the case is dismissed. You must have

completed probation and not have any other cases

pending.

The problem with 1203.4 is that it doesn't really

erase the incident. There are many exceptions where

it still must be disclosed and it still shows up

on a rap sheet. It is some help but not much.

You can get the forms for doing it from the

clerk's office at the courthouse where you were

convicted. You can do this yourself.

To seek further and more meaningful relief,

you will need to seek a certificate of rehabilitation

which will lead to a chance to seek a Governor's

Pardon later when it is completed. This is complicated

stuff and does require help from an attorney and

is not likely to be inexpensive.

Seek local counsel and discuss the whole thing

with him/her and get some advice.

Good Luck

Larry Bruce