Legal Question in Criminal Law in California

�Records are forever�, including arrests and convictions whether DEJ or not. However, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual molestation 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 If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

BTW, your assertion that employers can't use your record is way wrong. Of course they can.

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.

I don't necessarily agree with Mr. Nelson. If you just entered a plea under the DEJ program, you have not been convicted. You are convicted if you don't complete the program. You state that you successfully completed the DEJ program, which if true, results in a dismissal and not a conviction. If you are still in the program however, the fact of the filing of the case may show up in certain background checks.