Can I get my crime expunged in California? 8 Answers as of June 11, 2013

I am convicted to crime for selling tobacco to minor in the year 2009. I went to court ,and obtained public prosecutor and I paid a fine of $300.Will this will be in my record if I am eligible to expungement?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You may file for expungement for this conviction.
Answer Applies to: California
Replied: 4/26/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes.
Answer Applies to: California
Replied: 6/11/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony, misdemeanor and infraction convictions can sometimes 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.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. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 4/14/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Yes, you can seek relief under Penal Code section 1203.4. That is commonly called the expungement section. Discuss with your attorney what an "expungement" can and cannot do.
Answer Applies to: California
Replied: 4/14/2011
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
This depends what you plead to. Most likely this is on your record and you will have to hire a private attorney to do an expungement. However, you must look at your court file to determine what exactly you plead to.
Answer Applies to: California
Replied: 4/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Once you have successfully completed probation, you are eligible for expungement, as long as you are not currently on any new probation and no criminal case is pending. Contact an attorney to petition the court.
    Answer Applies to: California
    Replied: 4/13/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you can have this expunged from your record once you are off probation if this was a misdemeanor offense. If the charge was an infraction it can not be expunged.
    Answer Applies to: California
    Replied: 4/13/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    If you successfully completed probation then you are eligible for an expungement. I do them all the time. Feel free to contact me if your case is in San Diego.
    Answer Applies to: California
    Replied: 4/13/2011
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