Legal Question in Criminal Law in California

How do i get a child endangerment conviction that is 7 years old off or toned down on my record?

Asked on 7/04/12, 6:01 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

The likelihood of reduction or expungement depends on the facts of the case, the charge level you were convicted of, or pled guilty to (felony or misdemeanor) and the sentence or punishment. Take your court record info to a local criminal defense attorney. Good luck!

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Answered on 7/04/12, 6:48 pm

Terry A. Nelson Nelson & Lawless

While the general rule is ‘Records are forever’, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the 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. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT ‘clear’, 'remove' or ‘erase’ the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn’t ‘disappear’. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping 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 7/04/12, 9:39 pm

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