Legal Question in Criminal Law in California

I have 20 year old felony conviction for a pc290 type conviction. Did not have state prison time, only probation. Never arrested for anything before or since.

I have been advised that I may be able to reopen my case in Los Angles, change my plea to not guilty and try to have the matter dismissed. Can I really have a case that I plead guilty to reheard after all these years? Why would the court allow it? Could I be retried and find myself with a more severe sentence? Would double jeopardy apply?


Asked on 4/09/10, 5:30 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

It would help if you were more specific than "290-type convicition."

It is possible to have many charges dismissed under 1203.4 after successful completion of probation. This is commonly known as an "expungement," but it will not remove the conviction from the court's records; it only adds a notation that the case was dismissed after completion of probation. More importantly, it will not terminate your duty to register as a sex offender.

You are NOT eligible if you were convicted of the following offenses: Penal Code 286(c), Penal Code 288,Penal Code 288a(c), Penal Code 288.5, Penal Code 289(j), or a felony violation of Penal Code 261.5(d).

While a 1203.4 dismissal will not terminate sex offender registration, it is the first step towards a Certificate of Rehabilitation -- which WILL terminate sex offender registration for some offfenses.

Again, without knowing the specific offense of which you were convicted, it's impossible to provide a more definite answer.

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Answered on 4/14/10, 5:45 pm
Terry A. Nelson Nelson & Lawless

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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. 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 4/14/10, 5:57 pm


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