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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

How does an Expungement dismissal clean my record?

An Expungement dismissal in California is a way to clean your record for most cases where you received probation and did not get a prison commit.  There are a few types of charges which may not be expunged, however, most misdemeanors and felonies may be expunged.  An expungement is a request to the Court to set aside your conviction, withdraw your guilty plea, enter a “not guilty” and dismiss the case.  You cannot seal an adult record, but the database will indicate the charge was dismissed per California Penal Code (PC) 1203.4 or 1203.4(a), and it should not show up on most criminal background checks. Your DMV printout will still continue show any Vehicle Code violation but indicatedismissed per 1203.4. You can also expunge infractions.

To be eligible, you must have been given probation and completed all the terms and conditions of probation, and either be off probation or request to terminate early for the expungement.  If you were not given probation, then there is a one year wait period after conviction before you can request relief.  You must also not have any cases pending or open.

Even if the case is dismissed per PC 1203.4, it can still be used as a prior for future violations.  An employer cannot ask you about any expunged conviction and cannot use it against you for hiring, firing, or promotion.  (There are a few exceptions) and you can answer no to any criminal history on most job applictions.  The expungement dismissal is an important tool which can greatly assist you in your future employment and other opportunities that you may have.

In Vista Courts, we file the Request for Dismissal, set a hearing, serve the District Attorney, and can attend that hearing without you.  The process generally takes about 4-6 weeks.  If you have questions or want further information about the Expungement dismissal, call Christoph Law Offices for a free consultation at 760-941-5720.  Located across from Vista Courts for 34 years, providing the highest level of personal and professional representation in Crimnal Cases.

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