Legal Question in Criminal Law in California
Dismisal
I was convicted of a felony in 2006 and had my probation modified but after my probation modification was granted I followed up and discovered my case was also dismissed. DISM - PC 1203.4. What does this mean? Does my record show me as a convicted felon? How does this affect my ability for employment? Thank you
2 Answers from Attorneys
Re: Dismisal
The 1203.4 is a technical vacating of the conviction and dismissal of the charges, but it's of limited value to you. It authorizes you to answer "NO" on employment applications whether you have been arrested or convicted, and it is legally not a lie, so you can't be fired for lying on your app if they discover it.
But discover it they will, if they order a copy of your rap sheet from the Dept. of Justice (DOJ), which many if not most employers now require. The DOJ record will show the arrest, the charges, the conviction AND the 1203.4, thank you very much. So if the employer checks it out, the 1203.4 is fairly useless.
For further information on expungements, you can read here:
http://lawyer-expungement.com/record.htm
Good luck.
Re: Dismisal
That code section means that your case has been expunged from your record. If this is the case, you can put on MOST applications that you have never been convicted of a crime (as long as that was the only crime on your record). Some applications you cannot do that though, such as certain jobs that need specific licenses, certain government jobs, etc.
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