Legal Question in Criminal Law in California

Expungement

Is there a statue of limitations on a petty theft/misdemeanor conviction?

Will it just drop off the record after so many years?

Do you have to file for expungement no matter how many years?

Will, or can you have it removed off other possible websites that may post such records even though it's been expunged?

Do background companies that employers hire have a right to list these pryor convictions and notify these employers legally, even though there expunged?

Thanks,

--name removed--


Asked on 5/11/07, 6:26 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Expungement

The conviction is there unless and until you expunge it..misdemeanors via a PC 1203.4 petition. However, in todays computer world the case will always be discoverable. But get the matter expunged.

DJM

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Answered on 5/11/07, 7:07 pm
Terry A. Nelson Nelson & Lawless

Re: Expungement

Convictions and records are forever. However, you probably can get it expunged on proper motion to the court, thereby allowing you to say 'no' to convictions on private employment applications. Once expunged, it shows as a dismissed charge, no longer a conviction. Feel free to contact if serious about getting this done.

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Answered on 5/11/07, 8:07 pm


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