Legal Question in Criminal Law in California
I was found guilty of california penal code 415(1) back in 2002. I recently searched court records and found that the records indicate that I was guilty and convicted. I remember I recieved an infraction and a fine. Will this stay on my record indefinetly? Who sees the record? I am working towards a cpa. Will I be ineligible? Can I get this expunged? How do I do that? Will it be costly in legal fees?
2 Answers from Attorneys
Infractions are usually not a problem. I do not know the standards required for a C.P.A., it likely is as the Bar's requirement of no acts indicating dishonesty. If you like, this office can pull the record to determine if it may be expunged or sealed for a small fee. Contact me directly.
Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. Your memory is irrelevan; the court record is what counts.
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