Legal Question in Criminal Law in California
Can a terrorist threat conviction be expunged in California?
2 Answers from Attorneys
There really is no "expungement" in California, but everybody refers to Penal Code section 1203.4 as the expungement section. It is a plea withdrawal and dismissal after successful completion of probation.
Yes, PC 422 can be dismissed as long as you were not sentenced to prison. Pt will remain on your record, just with a notation that it was dismissed.
Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, and if all terms of sentencing and/or probation [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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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.