Legal Question in Criminal Law in California

Dismissals and Expungement

hi. i have a misdeamenor petty theft charge on my record from december 2003. I was given no probation and was just assessed a fine in which i fully paid.

My question is: i was wondering if there was a difference between a case DISMISSAL and a case EXPUNGEMENT. or if they are both the same thing. and what are the steps towards accomplishing these things? also, if i do successfully get the case dismissed or expunged, how much information do i have to give employers when they ask me about prior convictions? does it mean that i dont have to tell them anything? thanks


Asked on 6/25/05, 11:31 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Dismissals and Expungement

Thank you for your question. There is a difference, procedurally, between a dismissal and an expungement, but the final effect is the same. Because an expungement under 1203.4 of the Penal code is a retroactive dismissal, the end result is equivalent.

I hope this answers your questions, but if you have any further questions, or need help, feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.

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Answered on 6/27/05, 6:12 am
Terry A. Nelson Nelson & Lawless

Re: Dismissals and Expungement

Expungement means the court withdrawing the conviction and you being found not guilty. You then get to say 'no' to convictions on job applications, but not to licensing and government agency applications and security clearances. It helps most people. Contact me if interested in doing so.

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Answered on 6/27/05, 12:24 pm


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