Expungement of Criminal Records in California
This area of the law has evolved. It's no longer termed as an expungement, but a dismissal. This means that a successful dismissal on a case will result in a more favorable outcome. When someone checks your criminal record, they won't see a conviction, but rather a case that was dismissed, offering a fresh start.
The reason they changed this is that expungement makes it sound like the whole record is going to be taken out, so a lot of people were being fooled into thinking that once they file their expungement and if they're successful, then they're going to get their record taken off. They can get a job, but nobody can see it.
Unfortunately, there's no such thing as a true expungement in California. There's no such thing as completely wiping your conviction off by this Penal Code Section 1203.4. If you file that motion because you have a sentence, you can only dismiss the case. So, now they've even changed the forms for the expungement.
For years — I've been doing this for twenty-five years — it was called an expungement. Now they've changed it to a dismissal form because, again, they're trying to get away from that confusion that people have, thinking they're going to file the motion, get it granted, and then they do not have any record.
Reducing Felony Case to Misdemeanor
The reality is if you get convicted of a crime in California, you can sometimes reduce the case from a felony to a misdemeanor if it's the correct type of case. This process involves filing a 1203.4 of the Penal Code motion, which essentially asks the judge to dismiss the case. If the judge grants this, the Department of Justice's computer and any other computer with access to your criminal record will show that your case was dismissed. So, even though many people still call it an expungement, it should be called a dismissal.
And if the judge does that, the Department of Justice's computer and any other computer with access to your criminal record will show that your case was dismissed. So, even though many people still call it an expungement, it should be called a dismissal.
If you've got a situation where you're convicted of a crime and you want to get it dismissed, that's the best you can do in California. And I think it's well worth it; that way, if anybody looks you up, they'll see you have a dismissed case instead of a conviction. The best-case scenario would be they see nothing.
But you can only make it so you see nothing in some cases. In juvenile cases, you can completely seal the record, and even in some adult situations where people are arrested, no charges are filed, or somebody gets arrested, they dismiss the case without conviction, a scenario where you can apply to get the entire record sealed. However, this is not always possible, and there are specific conditions that need to be met for a record to be sealed.
You're in business if you get a record sealed in California. Nobody's going to be able to find a sealed record. Even the police can't find a sealed record in most circumstances.
Consult with Our Lawyers to Discuss Options
If you're seeking an expungement/dismissal, it's crucial to consult with our Los Angeles criminal defense law firm. We are well-versed in this section of the law and have a proven track record of handling cases in the jurisdiction where your conviction occurred, providing you with the best possible legal guidance.
When you reach out to us, rest assured that your case details are handled with the utmost confidentiality. We'll ask you a series of questions about your case to determine if it's eligible for reduction from a felony to a misdemeanor or dismissal, ensuring your privacy and peace of mind.
Sometimes, you're barred from getting a dismissal. If you've served prison time on a criminal case, then you won't be eligible to get your case dismissed. If you get a strike on your record, that will create another problem for you. So, we've got to ask you some questions.
We've got to figure out what your conviction is and what your prior record looks like because if you have a bunch of convictions, that could also be a roadblock because of what the judge is going to do when we file the motion to dismiss your case, they're going to look at your criminal record.
They're going to see how well you did on probation. Just because you might have messed up a couple of times on probation doesn't mean you automatically can't get the dismissal, but it makes it more difficult.
So, pick up the phone and give me a call. We have to talk to you, find out what happened in your case, and do everything we can to get that dismissal you're looking for.
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