Legal Question in Criminal Law in California
Post Sentence Completion Options
Just ovr three years ago I was convicted of a misdemeanor violation of CA statute 247.5. After accepting a plea bargain, I received a sentence of 30 days in the county jail and three years of unsupervised probation, both of which I have now completed. I find that most job applications now require me to document this conviction, and I believe I have missed out on more than one job because of this. What options do I have? Can I request a retrial and hope to have the previous conviction overturned? Is expungement an option? Or some other process I'm unaware of? Thank you in advance.
2 Answers from Attorneys
Re: Post Sentence Completion Options
Expungement is your best option. You should be entitled to it upon successful completion of your probation. If you are still in your probationary period, you can ask the court to terminate your probation early and expunge at the same time. Court might be sympathetic to your argument that you cannot get a job because of your conviction. If you do not have a private attorney, see if the public defender can handle it for you.
Expungement entitles you to say that you were never convicted if asked on a job application. You can try to do it yourself by getting the forms from the court clerk or a lawyer could do it for you for a modest fee.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Post Sentence Completion Options
Employers are allowed to question about felonies, not misdemeanors. Sounds like you were convicted of a felony. If prison time was NOT part of the suspended sentencing, then you probably can get the conviction expunged through motions and application to the court, IF you have successfully completed all terms of your probation. If so, feel free to contact me to discuss the facts and process, if serious about doing this.
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