Legal Question in Civil Litigation in California

My daughter was accussed of arson at her high school. The case was dismissed. She still has a felony on her record does she need an expungment or identifying parts of arret record


Asked on 2/04/10, 11:46 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Whoa. By definition, if the charges were dismissed, there is no conviction to expunge. If she was convicted or pled to a 'deal', and sentenced on the crime, then expungement may be possible

Many adult convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 2/09/10, 3:47 pm


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