Legal Question in Civil Litigation in California

my daughter was in college 14 years ago and was stopped by th police she gave the wrong name and was cited...how can this be removed from her record so


Asked on 4/30/14, 10:49 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Well.... If she gave the wrong name and ID, how would they know who she is??

Rather, I'm guessing what you meant is that she got caught and charged with false ID and that conviction is on her record. If so, then she can seek to expunge it.

Some CA 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. Clearly she qualifies.

If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'.

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. However, 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]. The licensing agency and employer 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.

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Answered on 4/30/14, 11:19 am


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