Legal Question in Criminal Law in California
i would like to get my record expunged for employment reason how do i do that?
3 Answers from Attorneys
There is a certain procedure you have to follow in order to get your record expunged. It can be complicated depending on the history and nature of your record. It is highly advisable that you retain the services of an attorney that handles criminal law matters. Otherwise, you may make mistakes and may not be able to get the desired results.
James M. Powell
Law Office of James M. Powell
1894 Commercenter Dr. W. Ste. 108
San Bernardino, CA 92408
909-890-0105
I've seen people do it themselves, without a lawyer, provided you are patient and carefully read the directions. I suggest you first start here: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
You also should contact the courthouse where you were convicted, to get the proper forms.
Many felony, misdemeanor and infraction convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. 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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