Legal Question in Criminal Law in California

You don't 'vacate' a record. You can try to expunge it. Many convictions can be 'expunged' by proper application and Motion under PC1203.4 to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have no new charges. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Many attorneys overstate the benefits of a so-called "expungement," which is really a dismissal.

Some felonies are "wobblers" that can be reduced to misdemeanors. If your felony conviction can be reduced, that might be even more beneficial than a dismissal.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

There is also a checkbox on the form for a Penal Code �1203.4 dismissal where you can ask the judge to reduce a "wobbler" to a misdemeanor.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed, if they think the employer will do a detailed background check.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.