Legal Question in Criminal Law in California

Re: expungment of record

It would show a dismissed case, not a clear record.

Re: expungment of record

It shows as dismissed, not that it never happened.

Re: expungment of record

Thank you for your posted inquiry. The expungement statute, Penal Code Section 1203.4, states that a person must 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 relief offered by a "release from penalties and disabilities" is limited to immunity from impeachment in a subsequent action, and the reinstitution of voting rights, the right to inform people that the conviction was dismissed, and probably the right to avoid impeachment in court as a witness (except a defendant-witness). Other consequences of conviction are not avoided when the person is released from penalties and disabilities of the offense. The person:

(1) Cannot have his or her record sealed nor make it unavailable to the public;

(2) May have a prior conviction pleaded and proved if he or she subsequently is prosecuted for another crime, including in a subsequent "Three Strikes" prosecution;

(3) May not possess or own or have under his or her custody or control any firearm;

(4) Must disclose the conviction in response to any direct question in a questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery; and

(5) May be subject to:

(a) Disbarment;

(b) Revocation of business and professional licenses;

(c) Suspension of a medical license by the Board of Medical Examiners;

(d) Suspension of a teaching credential by the State Board of Education;

(e) Registration requirements;

(f) Deportation; and

(g) Revocation, suspension, or limitation on the use of the person's driver's license after two or more Vehicle Code convictions.

Because an expungement allows for a retroactive dismissal or withdrawal of a guilty plea, it may not show up on certain applications. A motion for factual innocence, which is often filed with an expungement, will destroy the records of a criminal case entirely if granted.