Legal Question in Criminal Law in California

Expunge a record

What does expunge a record mean? In the case of a criminal felony embezzlement charge what would a persons record likely show after an expungement?


Asked on 9/24/03, 12:30 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Expunge a record

Expungement of a misdemeanor means you get to say you have never been convicted, on job applications and similar inquiries. It is a withdrawal of the guilty plea or verdict, and entry of dismissal of the case. If interested in having your record expunged, contact me.

Read more
Answered on 9/25/03, 3:13 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Expunge a record

Thank you very much for your email posting to my office and your inquiry.

The purpose of an expungement is to clear a history of criminal charges (adult or juvenile), that might adversely affect your chances of employment or education.

Technically, an expungement is a motion to withdraw a plea retroactively. This means that a judge re-opens your case, and for good cause as allowed under the law, allows you to withdraw your plea of guilty or no contest, and then dismisses your case nunc pro tunc (which is a latin legal phrase basically meaning �retroactively�). Because your case is now a dismissed case, and not a conviction on your record, you can truthfully state, when applying for a job and on other applications, that you were never convicted of the crime formerly on your record.

You asked about felonies specifically, and typically felonies are not eligible for expungement, although there are other options that may lead to an expungment if you do them first. A certificate of rehabilitation may also help as to felonies.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

Read more
Answered on 9/25/03, 3:28 am


Related Questions & Answers

More Criminal Law questions and answers in California