Legal Question in Criminal Law in California

Drug Felony conviction

In 1996 I was arrested at the border crossing by the US customs officials for possesion of Marijuana with the intent to sell. I did volunteer work and was on probation for 3 years. Other than this, I never had any related convictions or anything bad on my record. Now, I am trying to get a good job but once they do my background check or fingerprints, I am denied the job. Is there anything I can do to get this off my record? Is this always going to show on my record? Please let me know what my options are.


Asked on 8/30/01, 7:26 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Drug Felony conviction

Thanks for your posting. The California Penal Code allows you to apply for an expungement, if you apply at least "one year from the date judgment is pronounced, he or she has fully complied with and performed the sentence, lived an honest and upright life, and conformed to and obeyed the law." Under the code section, once you receive an expungement, "the plea or verdict is set aside, the case is dismissed, and the defendant is released from all penalties and disabilities of the offense."

This means, except for some government positions (which ask if you have ever had a crime expunged), that you can state you have not been convicted of a crime ... and also the offense will not come up under your record. With felonies, the procedure is a little bit more complicated, in that it requires a certificate of rehabilitation from the executive branch. You should have a law firm h1andle this for you, as it is somewhat technical. If you would like for me to handle this for you, please call me at 1-877-568-2977 or email me in response to this posting. Thanks.

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Answered on 10/01/01, 12:33 am
Victor Hobbs Victor E. Hobbs

Re: Drug Felony conviction

I have read the previous attorney's answer. I only intend to suppliment it. The code Section is Penal Code 1203.4. The clerk has the forms at the court. So go see the criminal clerk and ask for the forms. Fill the forms or forms out and file them with the court. It may be necessary to do the procedure twice since the conviction will have to be taken from a felony to a misdemeanor, and then misdemeanor to a dismissal. You may be able to do both filings simultaniously.

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Answered on 10/01/01, 7:17 am


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