Legal Question in Criminal Law in California

After a conviction, the only way to erase a conviction is by way of a pardon - which is rarely, if ever, granted.

An expungement will result in a dismissal, but not a complete erasing of this event. It would add an entry that the case was dismissed pursuant to the appropriate Penal Code section, but it would remain on their record. It would give the person the ability to tell private employers they have not been convicted of a crime, but it would need to be disclosed for licensing.

We're talking about a conviction from 17 years ago - although I can't speak for the BRN, I would imagine that an expunged conviction from that long ago with an otherwise exemplary life and good character references would not be a hindrance to getting a license. If this person would like to discuss expungement, they can give me a call - I practice in Orange County.

What he 'wishes' is irrelevant. The reality is that 'records are forever', and are so for sound societal reasons. Any 'changes' in plea and sentencing would have to have been sought by appeal or motion within the appeals period, w-a-a-a-y back then.

However, he needs to understand expungement, which is a 'second chance' for a clean record for most purposes. Such conviction can be 'expunged' by proper application and Motion to the court in his case. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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, he 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, such as for RN. The employer and appropriate agency then decide whether to allow licensing and employment, after review of the original charges and rap sheet record. Such an old petty theft charge probably is not a bar to RN licensing. If he is serious about doing so, feel free to contact me for the legal help he'll need.