Legal Question in Criminal Law in California

can I exsponge my record?

I was arrested a couple of years ago for making

''dry-ice bombs'' with some friends on the Fourth of July. None of us knew it was illegal, and didn't think

twice, until we were in jail on felony charges of

''possesion of a destructive device''. I was sentanced

to three years probation, and 300 hours of community service, all of which I have completed without any other legal problems, all of my requirements have been met. Now my question is what do I need to do so I

can get my felony reduced or removed from my record,

so that I can finally fullfill my dream of being either in Law Enforcement, or the Coast Guard? For both of these careers, I can't have a felony on my record. Thank you for your time, MM

Asked on 7/24/01, 6:15 pm

2 Answers from Attorneys

Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: can I exsponge my record?



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Answered on 7/24/01, 8:33 pm
Victor Hobbs Victor E. Hobbs

Re: can I exsponge my record?

I've read Barry S's answer, and I'll only suppliment it.

California has what are called Wobblers. Which is you were arrested on a felony, and subsequently you were prosecuted by the D. A. on a misdemeanor. I personally have never heard of a conviction for a felony that didn't carry some county jail time. If you were convicted of a felony follow Barry's instructions on having it reduced. If you were in fact convicted of a misdemeanor it can be expunged. Again follow Barry's advice. You may need to go to the Criminal Clerk in the court, and have your record pulled.

You have to know expunging the record permits you to deny the conviction and not commit perjury. But the Federal Government, or any state or county government will probably be informed of it when they check your record. So go ahead and have it expunged.

The military recruiters are desperate for recruits. A kid's prank like this is really very small potatoes. They need something like 168,000.00 recruits every year for all the services, and they are not getting them. That's out of close to a million or more elegible young men and women that are of the proper age.

So when you go into the recruiters' office stand straight and deny the conviction after it is expunged. If they ask you about it be truthful, and let the chips fall where they may. The recruiter has probably done worse before he enlisted. A friend of mine, who is a retired Reserve Lt. Commander in the Coast Guard, tried to blow a street car off its tracks when he was teenager. He's also a retired school teacher, and the mildest guy you'll meet. Believe me the Coast Guard isn't looking for milk toasts. It's possible that the problem will not come up until you are screend for a security clearance. Again you can deny it, and when you're asked about it tell the truth. Teh FBI does the back the ground investigations for secret and above clearance.

I spent twenty two years of my life flying for the Marine Corps. And when the Coast Guard goes to work the weather is normally at its very worst. They need some young men with some guts.

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Answered on 7/24/01, 11:11 pm

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