Legal Question in Criminal Law in California

I have a relative that in 2003 was arrested and charged for burglary and possession of stolen property. he apparently signed a Harvey waiver and the Burglary charge was dropped and the possession charge was dismissed. the judge sent him to state prison for 10 months and he did not have to pay restitution or be on parole.

would this show up on a background check as felony charges if the one was dropped and the other dismissed? if so how does he go about getting that removed off his record? he has been an outstanding citizen ever since but is scared to try and further his career because he does not know if that will show on his record.


Asked on 6/25/18, 10:13 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You never get things 'removed' from your record, otherwise the whole idea of 'permanent record' would be useless to law enforcement and courts. However he might be eligible to get the charges 'expunged', depending upon the case facts, that is if he went to 'jail' and not 'prison'. If he was sentenced to 'prison' then he would not be eligible for 'expungement'. If he is serious about exploring that possibility, have him contact me at 714-960-7584.

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Answered on 6/25/18, 4:05 pm


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