Legal Question in Criminal Law in California
Employment and A criminal record More info
In May of this year, I was arrested and pled guilty to a misdemeanor assault charge.I am now unemployed and looking for work. Before any potential employer finds my single criminal act in their background check, how do I address this issue and assure them that it was an isolated incident?
You can seek a court order to expunge the conviction from your record. To do so, you must have no further arrests/convictions, and complete all terms of sentence and probation, and have at least one year from conviction.
Tell me about this expungement process. I was sentenced 30 days for misdemeanor assault in May of this year, serving 20 days with credit for work/conduct. I was also given 3 years informal probation. Can I request expungement in May of next year, or do I have to wait until 2006 when my probation is over? Is this something I can pursue myself successfully, or do I really need representation?
2 Answers from Attorneys
Re: Employment and A criminal record More info
Question: Can I request expungement in May of next year, or do I have to wait until 2006 when my probation is over?
Answer: You must show that you are not now on a grant of probation in order to qualify for the expungement; since you were placed on 3 years' informal probation, you must first do a motion for early termination of your probation. Once that is granted, you would be free to pursue the expungement.
Q: Is this something I can pursue myself successfully, or do I really need representation?
A: The expungement, if in Orange County, is a one-page form motion. And in fact, the courts in this county actually require using the form. You can pick one up at the clerk's office of the court in which you suffered your conviction. Fill in the blanks, pay your filing fee (around $70) and your petition for expungement is filed. Can you do this yourself? Yes. Successfully? Probably. However, the motion for early termination of probation is not a form petition. It is likely that such a motion would be too complicated, both procedurally and substantively, to recommend that a lay person attempt it on his/her own. Plus, the cost of such a motion or motions is relatively nominal, such that you may be well-served by having an attorney do it for you.
If you would like my assistance or a fee quote or a free consultation, feel free to contact me directly at my office at 714-879-5770 or on my cell phone at 714-612-7865. Or you may email any questions to me directly at [email protected]. Good luck!
JACQUELINE GOODMAN RUBIO
Attorney at Law
Re: Employment and A criminal record More info
Thank you for your inquiry.
California Penal Code section 1203.3 allows you to terminate probation if you've finished all terms of your probation and at least one year has passed from the date of your probation. You must write, file, serve the prosecutor and argue a separate written motion to do this.
The expungement is under Penal Code section 1203.4 and requires that you bring a separate motion, serve the prosecutor, and show that you've finished probation and have had no other crimes.
I hope that this information helps, but if you have any other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
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