Legal Question in Criminal Law in California
This happened in Sacramento County,California. A 21 year old male with no previous record was arrested for grand theft, it was reduced to a misdemeanor, he did public service work while on probation, paid all his fines and then he went to court and successfully had the record expunged. However, the public record with all the details are still available on line. Is it possible to seal or remove the public online records and if so, what specific forms need to be filed? Thank you.
2 Answers from Attorneys
Sorry, but California does not have a true expungement law. What we have is a dismissal under Penal Code section 1203.4. Most people refer to that section as an expungement.
It doesn't expunge anything though. A true expungement would take something off your record. This law doesn't. It adds a notation that the case was subsequently dismissed pursuant to that code section. It still remains on their record and typically will remain in whatever database (court records, etc.).
The benefit of a 1203.4 dismissal is so that a person can tell most private employers that they do not have that conviction. Unfortunately, it can still be found.
Mr. Dane has given one of the best answers to this frequently asked question that I have ever seen.
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