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If you have been convicted of a crime you may be entitled to an expungement under 1203.4 and possibly some other statutes.  Many people do not know the actual statute number for an expungement.  The statute is 1203.4 and is the actual statute is California dealing with dismissals.  Now one thing I would like to touch on upfront and I think many Attorneys are not explaining this properly and some even advertise with headings such as erase your convictions.  This is misleading and not what the statute is meant to do.  Under 1203.4 there is no erasing of your conviction.  I will address what the expungement actually accomplishes and what is does not so you can be sure to get what you are actually trying to get.  

WILL THE EXPUNGEMENT SEAL OR DESTROY MY RECORD?

NO.

If your petition under 1203.4 is granted than your record is not sealed or destroyed.  Instead the record is "expunged"  a proper way of looking at that is that ther record is dismissed and will have to be updated as such in all criminal record databases.  

WILL THE CONVICTION REMAIN ON MY RECORD?

Yes but the conviction can only be used for certain purposes, such as sex offender registration, immigration consquences, the statute actually states unless as otherwise stated defendant is realesed from all penalties and disabilities resulting from the offense.  There are numerous limitations on this relief.  

WHO IS ENTITLED TO RELIEF UNDER THE STATUTE?

An adult who was granted probation, completed all the terms and conditions of probation and is no longer on probation is eligible for relief under this statute.  and under new law if your case was reduced to an infraction you can still get the relief under 1203.4 also known as the expungement statute. 

WHAT WILL AN EXPUNGEMENT ACCOMPLISH?

1. Result in a new entry in the court record showing the dismissal of the case. 

2. Allow you to answer on many, but not all, job applications that you have not been convicted.  If however, you are applyin for a governmnet job or a job that requires a government issued license or you must disclose.  

3. Prosecution cannot use if you are a witness unless you are the person being tried for the crime.

WHAT THE EXPUNGEMENT UNDER 1203.4 WILL NOT DO

1. It will not remove the conviction from your rap sheet.

the rap sheet will show the convction and then the update to dismissal. 

2. It will not reisnated your right to own a firearm.  You can get a reduction from a Felony and that will in some cases restore your rights as long as not a violent felony or domestic violence.

3. Remove the requirement to to register as a sex offender.  per 290 If the expungement is granted registrants must then complete and file a certificate of rehabilitation when eligible. 

4. It will not allow you to ommit from request on licenses whith state agencies. 

5. Seal or otherwise remove the court case file from public inspection anyone who knows where to look can get access to the file.  probation reports can only be accessed for 90 days after the completion of sentencing. 

6. Prevent the conviction from prior or a strike for to increase punishment. 

7. Prevent the conviction from being used impeachment purposes on a subsequent offense.  

 

As you can see this is a sometimes complex area of the law and there is much misinformation concerning exactly what the expungement will or will not do. We have helped hundreds of clients through this process with both Felonies and Misdemenors.  If you have questions after reading this article give us a call and we can help you through this call us at 559441-1418.

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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