Legal Question in Criminal Law in California

Husban d and I were charged with PC M273a misdemeanor we have taken classes and are on summary probation, how can I get this dropped I am having a hard time finding a job, I have never had this happen to me before and this was because my 4 year old got out in the middle of the night...please help with advice.


Asked on 2/25/10, 6:38 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Dropped"? That is a issue that could have been explored with the DA by your attorney prior to you entering a plea.

Now, if you complete all terms of probation, you could then seek expungement of the conviction. Many 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 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 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 3/03/10, 9:47 am


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