Legal Question in Criminal Law in California

Re: Expunging dismissed charges from your record

If the charges were dismissed and you were never convicted, expungement does not apply. You petition the court to expunge a conviction - accordingly, there is nothing to expunge if there is no conviction.

I would obtain a certified minute order/docket sheet from the court showing that you were never convicted and charges against you were dismissed. Then you can take it up with you employer to show them they made a mistake.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Expunging dismissed charges from your record

IT requires a petition and a hearing. Contact me directly.

Re: Expunging dismissed charges from your record

Echoing the others as to what is up with this employer...seems they don't know the law...California prohibits employment discrimination based upon mere arrests/charges w/o convictions???? You could pursue an 851.8 factual innocence petition to seal the arrest record. DJM

Re: Expunging dismissed charges from your record

Something doesn't add up here. Only convictions can be expunged. If the charges against you were dismissed, then you were not convicted. Without a conviction there is nothing to expunge. Dismissed charges should not be an obstacle to getting a job. Is there more to the story?

Re: Expunging dismissed charges from your record

Expungement IS retroactive dismissal. What you stated is not consistent or making sense. If you weren't convicted, there is nothing to expunge. If you were convicted, and expunged, there is nothing more to do.