Legal Question in Criminal Law in California
Individual was convicted of PC 273.5 (a), PC 245 (b), PC 422, and PC 122.5 (a). The sentence of 270 days in county jail and 3 years of probation were fully completed. All fines and paperwork were paid and completed on time. Would the individual petition for expungements or dismissals for these charges? What is the difference between the two?
1 Answer from Attorneys
After a conviction the only relief available is expungement. This process is as follows. A petition for expungement is filed with the probation department. A record check is performed by the probation department. If the probation report comes back clean, the petition is sent to the court. The judge then withdraws the guilty plea or sets aside the conviction and then dismisses the case. The benefit of expungement is limited. It allows you to state to an employer that you do not have conviction. The conviction must be reported to state licensing agencies. The expungement process does not apply to all convictions, and cases in which a suspended state prison sentence is given.
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