Legal Question in Criminal Law in California
How can I erase/seal long-standing infraction record?
Over the past 16 yrs. or so, I've accumulated a number of infraction convictions I'd like to see erased, sealed or deleted; a couple have come from arrests, most from citations. From what I know, this info is in data systems, e.g. CLETS, used by the local cops, courts & DA's office. What does any attorney out there know about being able to get rid of this information, as it tends to count against you in case one is ever re-ticketed or rearrested. Thank you!
3 Answers from Attorneys
Re: How can I erase/seal long-standing infraction record?
There's no way to erase or expunge any offense so as to completely eliminate the possibility of it being considered or used in a future prosecution. Not that this would necessarily happen. The legal consequences of prior infractions, and even misdemeanors, diminish with time. Misdemeanor arrests that don't involve misdemeanor convictions are erased from CLETS after 10 years. Misdemeanor convictions for which you have completed probation can be expunged under PC 1203.4. Marijuana offenses over 2 years old can't be used. I doubt that infractions more than a couple of years old would be admissible or otherwise held against you for any purpose. Are you sure these are all infractions and not misdemeanors? Maybe a trip to a lawyer's office would ease your mind.
Re: How can I erase/seal long-standing infraction record?
1203.4 penal code
Re: How can I erase/seal long-standing infraction record?
Misdemeanors can be expunged, but the expungement rules are designed to rid you of one conviction, not a series. If ALL of the convictions were long in the past, it may be possible to get them expunged, one at a time. Contact me if interested in discussing the facts and fees for doing so.
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