Legal Question in Criminal Law in California

I got a misdeamor 24 years ago, does that stay on your record forever or does it fall off after a certain amount years gone by, after all it was 24 years ago and I never got in trouble again


Asked on 4/22/11, 7:31 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Records are forever. However, many felony, misdemeanor and infraction convictions can sometimes 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.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.

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Answered on 4/22/11, 11:55 am
Anthony Roach Law Office of Anthony A. Roach

It's on your record. You may want to expunge it, as pointed out by Mr. Nelson. I suggest that you read the information on the following site, which is very informative: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

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Answered on 4/22/11, 3:47 pm


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