Can I clear my record of a misdemeanor? 9 Answers as of August 05, 2011

I was employed as an alarm center agent when my application came back the bsis denied me due to past criminal history stating I was convicted of 417 a 1.when I was in court the lawyer said felony charge was dropped to misdemeanor. Is a misdemeanor a strikable offense? I heard of expungement will a charge like this be expunagable.The bsis is unable to issue license why wouldnt they be able to issue licence unless this was a felony strike.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
expungements do not remove anything from your record. Having one can be an indication that you are a reformed person. a misdemeanor cannot be a "strike".
Answer Applies to: California
Replied: 8/5/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
First, if it was a misdemeanor, then you may be able to expunge it as soon as you have successfully completed probation. Second, a misdemeanor can easily cause a license suspension. Contact a lawyer to explore your options regarding expungement.
Answer Applies to: California
Replied: 8/5/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
What you plead guilty is NOT a strike offense as strike offenses are limited to the most serious felony convictions, and you say you plead to a misdemeanor. You can retain a law firm to file a motion per Penal Code Section 1203.4 to expunge your record.
Answer Applies to: California
Replied: 8/5/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
You can have a misdemeanor expunged pursuant to Penal Code 1203.4. A misdemeanor ca not be a strike. You should see a lawyer for help on something like this.
Answer Applies to: California
Replied: 8/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping most normal employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase 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. You should contact the licensing agency and employer to discuss whether expungement would allow you to be licensed. It may not, as alarm companies must be strict about employing people convicted of any kind of dishonesty crime, for obvious reasons.
Answer Applies to: California
Replied: 8/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    P.C. 417(a) (1) is a misdemeanor and is expugnable. No misdemeanor is a strike offense. If you get the conviction expunged then it would not show up on a non government search.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    A misdemeanor is never a strike. It can be expunged if you completed probation with no violations. However, it still remains on your record for purpose of state licensing procedures. Expungement only means that you can tell private employers you have no convictions.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you can get this expunged. Please understand what it can do for you. It will show the conviction as being a dismissal. This is going to be beneficial for you in job applications as you can honestly and legally answer that you have never been convicted of a felony or misdemeanor. However applying for state licenses or government jobs is a different story. You will have to disclose the conviction but you can explain that it was expunged via 1203.4.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If your conviction was for Penal Code section 417(a)(1), you were convicted of a misdemeanor brandishing a deadly weapon. I assume that was the deal on your case when they reduced a felony charge in the plea agreement. Yes, you can seek what's commonly known as an "expungement". California doesn't have a true "expungement" law however. Some states do and when an expungement is granted, it takes it off your record. Not so in California. We have what everybody calls an expungement - a dismissal under Penal Code section 1203.4. What that does is enters a dismissal on your record. It will still show the case and the charge you pled to, but it adds a notation that it was subsequently dismissed. Whether that's enough for you to get the employment you are looking for is another issue - and is between you and the employer and/or the licensing agency. Because it was a weapons violation, it may be something more than just what the charge was. You may want to discuss this with an attorney that deals with licensing issues.
    Answer Applies to: California
    Replied: 8/5/2011
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