Legal Question in Criminal Law in California

Is a drug conviction a felony? Would it still be on a background check if it happened over 20 years ago, when I took all the classes and paid all the fines? Also, a DUI?

All this was about the same time.


Asked on 10/09/09, 6:02 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Records are 'forever', whether felony or misdemeanor, drugs or DUI. Yes it will show; that's the whole point of why DOJ keeps the records, like Santa, so they know who has been naughty or nice.

Now, many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 employment applications. 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 10/09/09, 6:41 pm


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