Legal Question in Criminal Law in California

I got a great job and they are about to hire me I got two misdemeanors and one felony. My mm are assault with a deadly weapon (not firearm) and spousal abuse, which I completed the program and paid over $2000 to finish a 52 week program (Batters Treatment).In this other case Im still on probation and have 1 year left of probation the felony case is Possesion of a firearm. I need help to ghet this expunged Im willing to pay what ever it takes I just need help and I wqanna know if I can get these expunged or not?


Asked on 2/11/11, 3:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, [sounds like yours was], and if all terms of sentencing and/or probation [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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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'. 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.

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Answered on 2/11/11, 3:21 pm


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