Legal Question in Criminal Law in California

459 pc 2nd degree felony

I was charged with a 459 on 10-15-08 and i recieved 5 years of probation. i wanted to know how can i get this off my record ?


Asked on 9/09/10, 11:30 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 agency and employer then can decide whether you are barred from licensing and employment because of your conviction. 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 9/14/10, 1:04 pm
Anthony Roach Law Office of Anthony A. Roach

Come back in three years when you have completed your probation. Keep your nose clean.

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Answered on 9/14/10, 5:26 pm
Joe Dane Law Office of Joe Dane

You have to be off probation to seek an expungement. Although you signed up for 5 years of probation, you can try to have the probation period terminated early with a showing of good cause and then have the case reduced to a misdemeanor and expunged.

I wouldn't suggest doing this on your own though. Contact an attorney in the county where the conviction occurred to discuss your options.

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Answered on 9/15/10, 4:19 pm


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