Legal Question in Criminal Law in California
espungement
I have a petty theft (misdemeanor)that I most likely don't remember pleaded no contest to back in 2000. Is it possible to have this removed from public record, as it was discovered by a background check company employed by a company I applied to work for.
Thanking you,
David
5 Answers from Attorneys
Re: espungement
The baying dog-pack of hungry LawGuru attorneys has advised you to seek a 1203.4 "expungement." What they aren't telling you is 1) you can probably do this yourself; and 2) it probably won't help you get a job, because there are special commercial databases of convicted thieves, and you will be listed in them for all time.
Re: espungement
Yes, it is possible. Contact me to discuss the expungement proceedure and modest costs of doing so.
Re: espungement
You "most likely" don't remember pleading no contest? This doesn't seem like the sort of thing one would easily forget -- especially if it is the most significant conviction on your record. And you should be able to tell whether you remember it or not; the "most likely" caveat doesn't make much sense to me.
Is it possible that the reason you don't remember the plea is that it never happened? Errors like this do crop up from time to time.
Assuming that you actually did plead guilty to this charge, you are eligible to seek expungement. The process takes time, though, and even if you get the charge off your record you may be too late to get the particular job you're applying for now.
Re: espungement
simple 1203.4 petition filed with the Court and Court fees, local Public Defender can help with getting forms if the court clerk office doesn't have them.
Best
DJM
Re: espungement
It requires a filing and a hearing. Contact me directly for assistance.
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