Legal Question in Criminal Law in California

Can this be exspunged Statute: m647.6 completely


Asked on 12/24/12, 6:59 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

It is not one of the code sections listed as not able to be exppunged, so yes, it might be able to expunge it if you qualify.

Some CA criminal convictions can be 'expunged', but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes [PC 286(c), 288, 288a(c), 288.5. 289(j), 261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.

Your specific court sentencing order must also be reviewed and considered, as that can affect expungement. For instance, if you were ordered to list on the registered sex offender database.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

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 12/24/12, 1:19 pm


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