Legal Question in Criminal Law in California

How can I expunge or seal my adult criminal record?


Asked on 11/24/13, 10:37 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

As long as you completed probation and didn't violate or have any pending cases... And as long as you weren't sentenced to prison, you can file for a dismissal under Penal Code 1203.4 (commonly called an expungement). You cannot seal adult convictions. A 1203.4 dismissal won't remove it from your record, but it's the best you can do with a conviction.

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Answered on 11/24/13, 10:44 am
David M. Wallin Law Offices OF David M. Wallin

Totally agree with my previous colleague. You can have a particular conviction expunged, if you have completed the terms of probation, and are off probation, and were not sentenced to state prison on that charge. You can attempt to do so, by yourself, or retain counsel. I wish you well..........David Wallin

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Answered on 11/24/13, 11:02 am
Terry A. Nelson Nelson & Lawless

Here is the full explanation:

You can not seal adult criminal records.

However, some CA 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, 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If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 court 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 with the courts and DMV. 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]. The licensing agency and employer 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 11/24/13, 3:59 pm


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