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Misdemeanor Expungement -

       If you were convicted of only a misdemeanor and are still on probation for that offense, you can go to court and apply for an early termination of probation under Penal Code §1203.3.

When to Apply for Expungement

       As part of that process, or if you have already successfully completed your probation, you can ask for an expungement under Penal Code §1203.4. If you were never given a period of probation for the misdemeanor, then you can apply for an expungement under Penal Code §1203,4a. What happens is that the court, upon proper motion, may allow the defendant to withdraw the previously entered plea of guilty or no contest or even a prior verdict of guilty and enter a plea of not guilty and dismiss the prior accusation. In other words, the prior conviction is dismissed and the person is released from all penalties and disabilities resulting from the offense, except as provided in Vehicle Code §13555.

Application for Dismissal

       The application for dismissal can be done in person or by attorney or by the probation office.

  • Dismissal of an accusation does not permit a person to own, possess or have in his/her custody or control any firearm or to violate Penal Code §12021.
  • Dismissal of an accusation does not relieve the person from their obligation to disclose the prior conviction in response to any direct question contained in any application or questionnaire for public office, for licensing by any state or local office or for contracting with the state lottery.

       Generally, most private employers cannot ask you about any arrests that did not result in a conviction or about convictions that resulted in a dismissal under penal Code §1203.4.

Who is Eligible

       To be eligible for a dismissal, you must have successfully completed your probation or had probation terminated early, you must have paid all the fines, order or restitution or other reimbursements ordered by the court, you must not be serving another sentence or on probation for another offense and you must not be currently charged with another offense.

       If you never received probation for the misdemeanor offense, then at least one year must pass since the date of conviction and you have fully complied with all the orders of the sentencing court, you must not be serving another sentence, you must not be charged with another offense and you must have obeyed the law and lived an honest and upright life since the time of your conviction.

DUI Expungement

       Any convictions for misdemeanors within Vehicle Code §42001(b) are ineligible for dismissal under Penal Code §1203.4a. Also, the termination of probation and dismissal of charges under Penal Code §1203.4 and 1203.4a does not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle under Chapter 2 of the Vehicle Code, which basically covers all the DUI convictions and similar driving related offenses.

- Written by , Attorney at Law





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