Legal Question in Criminal Law in California

How do you petition to have something removed from your record


Asked on 9/09/10, 11:04 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 licensing and 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.

Read more
Answered on 9/14/10, 12:57 pm
Anthony Roach Law Office of Anthony A. Roach

It depends. If it was a felony "wobbler" you have to reduce it to a misdemeanor, and then have it expunged. If it was a misdemeanor, you just petition for it to be expunged. If it is a juvenile record, you have to file a petition to seal.

Read more
Answered on 9/14/10, 5:31 pm


Related Questions & Answers

More Criminal Law questions and answers in California