Legal Question in Criminal Law in California

Can i clear my record ?have been off of parole since 2006


Asked on 4/27/11, 1:42 pm

2 Answers from Attorneys

Harutiun Kassakhian The Kassakhian Law Office

Possibly. California law allows defendants to expunge their records. Whether or not your case is expunged is in the discretion of the Superior Court Judge. It is very important that you do not acquire any new criminal charges between the time of your conviction and the hearing requesting expungement. A criminal conviction is a serious handicap in this difficult job market. Consult an attorney on how to expunge your record.

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Answered on 4/27/11, 1:54 pm
Terry A. Nelson Nelson & Lawless

"Clear"? No. However, many felony, misdemeanor and infraction convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� 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.

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Answered on 4/27/11, 2:40 pm


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