Legal Question in Criminal Law in California

Can I have a misdeameanor charge in 2007 removed from my record? I am a special ed teacher, looking for position. I have a clean record, and I'm 57 yrs old, I am not a threat to society. I fired the gun to kill a rattlesnake to protect me and my dogs.


Asked on 9/30/12, 11:57 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

"Removed"?

No.

However, while the general rule is �Records are forever�, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual 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If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. It does change the record to show an arrest 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. BUT, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, etc. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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.

Read more
Answered on 10/01/12, 1:45 am
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree (i.e., I advise to see some attorneys about expungement) � many of them give free consultations in person or on the phone. Talk to some that are local to where the case was heard. Good luck!

Read more
Answered on 10/01/12, 9:07 pm


Related Questions & Answers

More Criminal Law questions and answers in California