Legal Question in Criminal Law in California

In January 2011, i was charged with a felony-grand theft, my first offense, that later got brought down to a misdeamenor once i paid back the restitituion. I completed my sentence of 200 hours of community service, and served with one year of unsupervised probation. It has been a year now and was wondering if i could get my case dismissed, its been hard finding a job and it would be easier to apply.


Asked on 4/06/12, 2:37 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

You are eligible to have your conviction dismissed pursuant to Penal Code � 1203.4. That would allow you to deny that the conviction exists when applying for a job, with several exceptions to the rule. Plus, there are certain limits on the reach of 1203.4, and a consultation with a criminal lawyer experienced in post-conviction remedies would be a good idea. Most criminal lawyers give free consultations. If you'd like to speak to me about this, please don't hesitate to call for a free consultation. Good luck. Steve Mandell 310 393 0639

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Answered on 4/06/12, 2:44 pm
Terry A. Nelson Nelson & Lawless

Dismissed? No. Expunged? Maybe.

While the general rule is �Records are forever�, some CA 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 crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense.

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 4/08/12, 2:20 pm


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