Expungement

Set Aside The Verdict Of Guilty

If the court grants your application for Expungement it will mean, at a minimum, that you will not have to disclose it on a job application and it could also be the difference between passing a background check, or not.

California Penal Code Section 1203.4 allows you to be relieved of most of the disabilities stemming from a D.U.I. conviction. Although it will allow you, in most situations, to not reveal your arrest or conviction on a job application, it will not prevent prevent the expunged conviction from being used in a prosecution for second, third or fourth DUI offense.

You must reveal your conviction in these situations
When applying for public office, for a state license or if you want to sign a contract with the California State Lottery. In addition, if you are applying for the military or some federal jobs your conviction might also need to be disclosed.

California Penal Code § 1203.4 states, in pertinent part, that: “In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any new offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of Nolo Contendre and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.” An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being successfully discharged before the end of his/her probationary period is eligible, but must not be on probation or serving a sentence for any other offense.

An Expungement will:
1. Result in the dismissal of the case;

2. Allow you to answer on job applications that you have not been convicted. (restrictions apply);

3. If the conviction was for a felony, it is the first step in obtaining a pardon.

An Expungement will Not:

1. Remove the conviction from your “Rap Sheet” – California and FBI criminal history records will still show the conviction and a dismissal “per PC 1203.4″;

2. Reinstate the right to possess firearms;

3. Allow you to omit the conviction from applications for government issued licenses;

4. Seal or otherwise remove the court case file from public inspection – anyone who knows where to look will be able to find the court case file;

5. Prevent the conviction from being used as a “prior” to increase punishment in case of a subsequent conviction;

6. Prevent the conviction from being used for impeachment purposes if called as a witness;

7. Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as real estate sales license, teaching credential, bus drivers license, security guard certificate, etc., however, the expungement may reduce the weight given the conviction by the licensing agency.

8. Prevent the conviction from being used by INS for removal and exclusion purposes.