Legal Question in Criminal Law in California

if as a minor i was charged with a 290 case will now at 35 years of age still afect me


Asked on 4/28/12, 7:54 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Records or arrest and conviction are 'forever'. However, if this was actually in juvenile court and no adult conviction or time was imposed, then your juvenile court records can be 'sealed' upon proper application.

If instead, your conviction was in 'adult' court, regardless of your age, then you may be able to expunge the record.

While the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the 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 [290 is not one of them], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, 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 and employer then can decide, in their discretion, 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.

Read more
Answered on 4/30/12, 12:36 pm
Anthony Roach Law Office of Anthony A. Roach

It can affect you. California does not automatically seal juvenile records. In a future offense, the District Attorney can access those records and use them against you. The best thing to do is to file a petition to seal the records, after a period of time they are destroyed.

Read more
Answered on 4/30/12, 6:36 pm


Related Questions & Answers

More Criminal Law questions and answers in California