Legal Question in Criminal Law in California

can i petition for dismissal and get a certificate of rehabilitation after being convicted of non violent first degree burglary? i was 18 when it happened, im 22 now and have completed probation and did no prison time. just 4 weekends in a jail of my choice in my county.


Asked on 11/05/12, 7:18 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can try someday in the future for a certificate of rehabilitation, but give it a few years without 'incident'.

Alternatively, right now you can seek expungement. Some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting 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If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� 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 11/06/12, 3:19 pm


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