Legal Question in Criminal Law in California

can i get a conviction off of my record? i was charged with harassament can i get it off of my record when i apply for a job


Asked on 3/07/12, 2:55 pm

4 Answers from Attorneys

Brian McGinity McGinity Law Office

Generally a conviction such as the type you have mentioned can be expunged from your record under California Penal Code 1203.4. Some charges do not qualify under 1203.4 to be expunged. Although you did not mention the exact charge it sounds like it would qualify for an expungement.

It will not be completely removed but it will be dismissed after conviction. Your "rap" sheet will indicate the charge was dismissed after conviction. It is the best outcome you can hope for besides a certificate of rehabilitation. The facts you have provided indicate a certificate is not really necessary under the circumstances.

It is important for you to know that on certain applications for work they will specifically state that felony convictions dismissed under 1203.4 must be disclosed. If you would like to discuss the matter more completely please feel free to contact our office at www.brianmcginitylaw.com .

Good luck

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Answered on 3/07/12, 5:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Are you sure you have a conviction? Harassment often results in civil restraining orders instead. Not everybody recognizes that distinction, even if they have been through the process.

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Answered on 3/07/12, 6:37 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. If it is civil, you cannot have it removed by expungement.

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Answered on 3/08/12, 10:00 am
Terry A. Nelson Nelson & Lawless

Those answers are correct if you understand them. Criminal convictions can sometimes be expunged; civil restraining orders can not.

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Answered on 3/08/12, 4:51 pm


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