Legal Question in Criminal Law in California

Re: misdeamor dismissed

If he plead guilty he was probably sentenced to something which included informal probation. And when you say his case was dismissed he probably completed probation. So the charge and conviction is probably still on his record. Under either Penal Code Section 1203.4 or it may be 1204.3 he can get a form from the criminal clerk in the court in which the case was heard, fill the form out, and have the charges and guilty plea dismissed.

As to any future employment on the job application he needs to read the question carefully and fill in the answer truthfully.

Re: misdeamor dismissed

Thanks for your posting.

If his case was truly dismissed (this is rare but it can happen pursuant to a court plea), then he may not need to do an expungement.

If you want to seal his ARREST record (not conviction), then there is a separate procedure for this.

The answer to whether or not he has to disclose this depends on the question asked in the employment application. Federal applications normally ask if he has ever pled guilty, including cases that were dismissed or expunged. In that case, he must answer truthfully, yes, and provide an explanation.

Most other employment applications only ask about felony convictions.

Thanks again, and I hope this helps. If you have other questions or need more information, please feel free to email me or call me at 1-877-568-2977 (toll free).