Legal Question in Criminal Law in California

Re: Expungement

Thank you for your inquiry. An "expungement" is the common name for a motion and an order under section 1203.4 of the California Penal Code.

That section allows you to apply to the court under Penal Code Section 1203.4, to be "released from penalties and disabilities resulting from conviction in any case in which the person has been granted and successfully completed probation, by either fulfilling the conditions of probation for the entire period, which includes specifically the full payment of restitution or fines imposed as a condition of probation, or being discharged before the end of the probation period. The court has discretion to do so in the interests of justice in other probation cases.

The court does not have discretion to do so if you served a sentence in prison on a felony conviction, or if you were found not guilty by reason of insanity -- both of which are unlikely for a solicitation case.

You are not eligible for expungement if you are serving a sentence or is on probation for any offense, or if you are charged with the commission of a crime.

The burden is on the applicant (i.e., YOU) to prove that the probation requirements have been fulfilled, unless you have previously been relieved from probation restrictions, which would seem likely for you if your case was in 1998.

I hope this helps explain this somewhat complicated area of the law. If you want to give me more facts, have more in-depth questions, or would like legal representation, PLEASE feel free to email me, or call my office toll free at 1-877-568-2977, or at [email protected].

I'm happy to help in any way that I can. Best of luck.

Re: Expungement

expungment is getting the misdemeanor plea or conviction withdrawn and the case is then dismissed, so you don't have to list it as a conviction in the future. Contact me by email if interested in doing this.