Legal Question in Criminal Law in California

Re: Expungement

You may be able to obtain a "finding of factual innocence" and have your records sealed for three years and then destroyed. "Expungement" is not available to you, since the case was dismissed.

Procedurally, because the case was filed, but later "civilly compromised," you will need to petition the court pursuant to Penal Code �851.8(c). In my opinion, this should be done within two years from the date of the arrest or the filing of the accusatory pleading, whichever is later, pursuant to subdivision (l), even though subdivision (c) permits you to file the petition "at any time after dismissal." You seem motivated to get it done as soon as possible anyway, since you mentioned the embarrassment suffered in the course of your job search. So don't delay.

Substantively, the DA may oppose your petition, since you did, literally, "commit the offense" even though it was unintentional. Because of this, it would be best for you to retain a knowledgeable criminal defense attorney to handle the matter.

Re: Expungement

You should be able to get the conviction expunged if the following conditions apply:

Record Clearance

You have the right to "have your record cleared" which means that under the following conditions you have the right to withdraw your plea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charge(s) against you and release you from any further penalties and disabilities resulting from the original charge(s). You may request record clearance:

(1) At the conclusion of your probationary period (formal or court probation) if you have otherwise complied with all orders of court and if there are no charges pending against you (PC 1203.4).

(2) After one year has elapsed following the pronouncement of judgment if you have not been placed on probation and if you have otherwise led a good and lawful life and there are not charges pending against you (Penal Code ("PC") 1203.4(a)).

It's not a difficult process to do yourself. If you'd like, the cost is approximately $500 for me to do it for you.

Please call if you'd like to schedule a free initial consultation.