Legal Question in Criminal Law in California
what can i do about an expunged case from Calif. that is showing up on the county web site? I contacted the web master & they said regardless of the outcome it always be on the database website
2 Answers from Attorneys
Depends on what you mean by "expunged". If you mean vacated under Penal Code 1203.4, they are correct. That statute does not "expunge" anything. No sealing, and no destruction of records. If you mean a factual innocence petition,they are wrong and it ought to be removed.
Records are forever. Many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications.
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