Legal Question in Criminal Law in California

Would I have to appear in court to have a case dismissed after I have satisfied all the terms of my judgement satisfactorily? I understand that I would have to ask the court to dismiss the case and file all the paperwork and pay any fees. What I need to know is if I actually have to appear physically in court or if a this is an internal procedure for the court, because I have moved from the state, I need to know if I have to make travel plans to be in court.


Asked on 6/29/10, 2:32 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

First, what makes you think it could be dismissed? If that was part of the sentencing terms [highly unlikely], then you can comply with those instructions. If, instead, you are asking if you can 'expunge' the conviction, then you do not generally need to be physically present; you only have to submit your proper application and motion.

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 6/29/10, 10:07 am
Anthony Roach Law Office of Anthony A. Roach

It sounds as though what you are seeking is expungement, or a reduction of a felony to a misdemeanor and then expungement later. I suggest you repost with what it is you are trying to do. Once the court has sentenced you, you do not have it "dismissed."

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Answered on 7/01/10, 10:04 am


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