Legal Question in Criminal Law in California

You apparently pled guilty and were sentenced on the drug charge, and got probation instead of jail/prison time. Baby, you got a record. It may show "conviction, deferred judgment, dismissed", but you've got a record. You need to go the that court and check your record to see what it actually says.

If that case was not really 'dismissed' as you think, but simply that you completed probation, then you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

It depends on whether your conviction on the drug charge was part of the Deferred Entry of Judgment (DEJ) program. Under that program, you plea guilty, but are given classes and drug testing for a period of time. If you successfully complete that program, then the plea of guilty is not entered, and the case is dismissed. If that was the situation, then you can answer no if asked whether you were convicted of a felony.

As Mr. Stone points out, you should check the court paperwork carefully.

I agree with the 2 previous attorneys, that you should NOT rely on any answer over the internet, as the answer is too important regarding your legal rights now and in the future. Get the dockets on the cases you mentioned and have them reviewed by a highly qualified criminal defense attorney in or near your area. I wish you well...David Wallin