Legal Question in Criminal Law in California
How to get an expungement for a misdeanor?
Last year I was involved in a domestic violence incident. My former boyfriend and I got into physical contact altercation. The charge was lessen because I had no privious record. Now I am trying to find a job. I am afraid this is going to difficult because most of the jobs I have applied to ask that ''question'' about felonies or misdeanors. Please tell what's my first step? Is this really expensive to do?
2 Answers from Attorneys
Re: How to get an expungement for a misdeanor?
employers are entitled to ask about felony convictions only, but they can do background searches that will find all arrests without ever saying anything to you. Such charges can not be expunged, so don't waste your money.
Re: How to get an expungement for a misdeanor?
What you are asking for is a dismissal per Penal Code Section 1203 or 1203.4. Expungement is a term of art more than anything. You CAN get this case dismissed if you qualify under the code. Please read it. However, your record will always reflect any action taken against you, including the dismissal. It's sort of like an annulment. Technically, it never happened, but it really did happen. If you have more questions, feel free to email.
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