Legal Question in Criminal Law in California

I assume you mean 11379(a).

Yes, you can seek what is commonly called an "expungement" - but there is no true expungement in California. What you're talking about is a dismissal under Penal Code section 1203.4. If granted, it would allow you to tell most private employers that you had not been convicted of this offense. There are a few exceptions.

Keep in mind that the case will still exist - it doesn't get erased. It just adds a notation that the case was subsequently dismissed. It can still be used as a prior against you, should you get in trouble again for similar conduct.

Many 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 it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. 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.