Legal Question in Criminal Law in California

expungement

What is the advantage of having a criminal offense expunged from my record?


Asked on 8/27/03, 8:59 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: expungement

Thank you for your posting and your inquiry.

Under California Penal Code Section 1203.4, a person must be released from all "penalties and disabilities resulting from conviction in any case in which the person has been granted and successfully completed probation", and received an expungement.

The relief, or advantage, offered by a "release from penalties and disabilities", is limited to immunity from impeachment in a subsequent action, and the reinstitution of voting rights, the right to inform people that the conviction was dismissed, and probably the right to avoid impeachment in court as a witness (except a defendant-witness).

Because the expunged case is typically reopened, and your plea or judgment of guilty is withdraw retroactively, and then the case is dismissed, you can truthfully state that you've never been convicted of the crime, which may help in some employment or other circumstances.

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.

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Answered on 8/27/03, 9:58 pm
Terry A. Nelson Nelson & Lawless

Re: expungement

To be able to say no convictions on employment applications and such. If interested in getting them expunged, contact me to discuss facts and fees.

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Answered on 8/28/03, 1:05 pm


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