Legal Question in Criminal Law in California
I was convicted in California with the charge of "Possession of a Controlled Substance For Sales" in September, 2009 almost 3 years ago... This is affecting me in many ways because its a felony charge it's really hard for me to get a job any where. I just need help to remove this of my record, I heard something about a pardon, but I don't know how that works just need some legal advice on this thanks
2 Answers from Attorneys
A pardon is difficult to get and after only three years it is unlikely. However you may be eligible to set aside the plea and have the case dismissed pursuant to Penal Code Section 1203.4. You should talk to an attorney. Some Public Defender offices will do it for free. If a 1203.4 motion is granted you can legally say, for most purposes, that you have not been convicted.
As to pardons, it is my understanding that the total number of pardons granted by the last two governors is four (4). It is a very expensive has been proven that the person was actually innocent, or has spent many years living a 'changed' law abiding life.
What Mr Shapiro is referring to:
While the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify.
If successful, the conviction would be withdrawn and the charges dismissed.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'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. 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 �legally� deny that you were arrested or convicted of the offense.
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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