Can a felony conviction for drugs be expunged? 7 Answers as of January 24, 2011

I was convicted of 7 felonies for drug possession with intent to sell 8 years ago. Can this be expunged and what will that do for a backgroung check?

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Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Look at Penal Code Sec 1203.4. Yes, once you have concluded probation you can petition for relief.

This statute gets you no where.The record is not SEALED, it is expunged, which means it will have the date of the offense, the date of conviction and a new date saying relief pursuant 1203.4 is granted- so any cop will know you had multiple felonies. For employment purposes a prospective employer is not allowed to look at your rap sheet but they all do. They get around it by having you sign a waiver giving them the right to see your record, so you are screwed. Best move would be to be up front about something you did many years ago, have cleaned up, went to a drug program, do not use drugs, etc. Since they are going to find out anyway you are better off fronting it to them.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Whether your convictions can be expunged depend on exactly what 7 felonies you are talking about. Generally, you can expunge most crimes if:1. You have completed all of the terms and conditions set by the court,2. There are no outstanding cases pending against you right now, and3. You are no longer on probation or parole. There are specific steps within each county that you must adhere to if you want your cases expunged.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rules and guidelines are: Records are forever, and priors may count as 'strikes' in future charges. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served, or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 1/24/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
It really depends of if you served any time in state prison for your convictions. If you did not then you stand a really good change at having your convictions expunged. If you did serve time in state prison you may run into some trouble obtaining an expungement. However, if you cannot obtain an expungement there are other remedies available to you such as a certificate of rehabilitation. Our office would be more then happy to talk with you about cleaning your record. Feel free to give us a call at anytime or visit our expungement website.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You will first need to hire an attorney to do a 17b motion to reduce the charges to misdemeanor. Once that is granted, the attorney can then proceed to have them expunged. After expungment, the convictions will no longer show up in a background check.
Answer Applies to: California
Replied: 1/24/2011
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