Legal Question in Criminal Law in California
Clearing my record after 8 years
Eight years ago, I pleaded no contest to stealing computer equipment from work (about $3000). Since it was my first offense I was only required to serve 200 hours of community service and put on probation for 2 years. I have performed the community service and stayed out of trouble since then. I am still embarrassed about the incident and would like to clear my record (I was told it would be possible to do after seven years).
Is this true?
What is the technical term for this procedure?
How do I go about clearing my record?
Can I do this on my own?
If I need a lawyer, is it going to be expensive (lawyer's time and other fees)?
How long will the procedure take?
Can I keep things private or does the court need to investigate my present life?
Any help would be appreciated,
3 Answers from Attorneys
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