Legal Question in Criminal Law in California

how does one petition the court to suppress a criminal misdemeanor that has had all terms satisfied? I had completed a full 2 year probation for a business related misdemeanor, and the offense is severely hampering my ability to obtain permanent full-time professional employment. I have a background in IT consulting and have had multiple failures in gaining work due to this stigma. I need to have the offense buried from background checks - how do I go about this. High urgency. I understand the method to expunge via a CR-180; but I'm looking for not just a dismissal verdict, but complete burial of the case, within system (ironically I was never served anything from the police, e.g., a ticket - I was just server a summons to appear). I'm hoping all traces (or as much as possible) can disappear. It's severely denying me employment opportunities.

Help.


Asked on 8/10/10, 9:36 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

All you get to do is file your petition to expunge it. It replaces the conviction with a dismissal, but it does not truly erase it from the system. Depending on the job you are applying for, it allows you to state "no" when asked if you have any convictions.

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Answered on 8/15/10, 10:07 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach. An expungement is the best option realistically available to you. In truly extraordinary situations a conviction can be sealed, but there is little chance you would qualify.

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Answered on 8/15/10, 10:32 am
Terry A. Nelson Nelson & Lawless

There is no such thing as 'complete burial' - nice try. 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, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 agency and employer then can decide whether you are barred from 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.

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Answered on 8/15/10, 2:49 pm


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