So You're Interested in Clearing Your Record ? (Expungement)  
 

 

 

Case Study: Medical doctor is freed from criminal murder charge.

  

Who is eligible?
If you were an "adult"  (18 years old or older at the time of the offense) in California state court, and either pled guilty or "no contest," or were found guilty following a [court or jury] trial, you can have your conviction withdrawn; thereafter, the court will dismiss the criminal case against you. With certain exceptions, you will be released from many of the legal consequences (called "penalties and disabilities") of the criminal conviction

   

Who is not eligible?
A person is not eligible for a record clearance if any of the following conditions exist:

  1. The person is serving a sentence for any offense; or is charged with the commission of any offense;

  2. The person was arrested and convicted of a new crime within one year of the pronouncement of judgment;

  3. Probation for the current application was revoked and not later reinstated;

  4. There is an outstanding warrant for the arrest of the person;

  5. The person has failed to appear or failed to pay fees or fines to the DMV (Department of Motor Vehicles);

  6. The conviction is for an infraction (defined as an offense for which jail sentence cannot be imposed), or for a violation of Sections 2800 (obedience to peace officer), 2801 obedience to firemen), or 2803 (control of illegal size or weight) of the California Vehicle Code.
Exceptions to clearing your record:
Information relating to the "dismissed" case may be made available and therefore used against the interest of a person where the release of such information is authorized by law, for example, applying to the police academy.

Further, an order of dismissal does not relieve a person of the obligation to disclose the conviction in response to direct questions contained in any questionnaire or application for public office or for licenser by any state or local agency, or for contracting with the California State Lottery.

This type of record clearance will not keep the conviction from being used against a person as a prior conviction in any future criminal proceedings, such as for enhancing a prison sentence.

For example, if the dismissed case is a petty theft, and is later arrested with a second petty theft charge, a person can be charged with petty theft with a prior conviction. It will also not serve to avoid suspension of one's driving record if the dismissed case would otherwise act to do so.

The dismissed case will not permit the person convicted to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person, for example, the ex-felon can still be charged with being an ex-felon in possession of a firearm.

NOTE: clearing your criminal record pursuant to California law, clears your record for immigration purposes in almost every case.

Anyone interested in obtaining this type of record clearing- assistance should contact the Law Offices of Tom R. Medrano.