Legal Question in Criminal Law in California

I was charged with pc 487(a) in 2000. I was placed on formal probation and serve 365 days in county jail. Jail time was suspended. In Dec 2011 I was sentenced to 2 years county jail time for not paying restitution, my probation was revoked. Was it legal for my suspended sentenced to increase although I hadn't picked up any new charges? I was released from county jail in May 2012. I now want to clear my record, but don't know if I should file under 1203.4 or under 1203.4a. I was not placed on parole nor am I in probation for this or other matter. I've also read about vacating my charge, do I qualify for such motion?


Asked on 4/19/13, 8:10 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 [PC 286(c), 288, 288a(c), 288.5. 289(j), 261.5(d)], 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If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or restraining orders. That record is accessible in background checks. 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], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. 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.

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Answered on 4/26/13, 1:57 pm


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