Legal Question in Criminal Law in California

who do I need to contact in order to request information required to complete sealing records for a case in ElDorado County, California? Thank you


Asked on 3/23/11, 1:05 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You need to do more than contact court personnel, as they will not, and can not, give you legal advice or help.

Records sometimes MAY be sealed by proper Motion and Application to the convicting court, on the basis of compliance with the legal and factual requirements, on a showing of good cause. It isn't often successful except in juvenile court records, and a few minor drug charges where the law specifically provides for it.

It is generally easier and less expensive to seek Expungement if that is appropriate and serves your needs.

Many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. 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 3/23/11, 4:35 pm


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