Can I have my sale of crack cocaine charge sealed? 8 Answers as of November 10, 2010

I have a charge from 2003 of sale of crack cocaine, which has been giving me a hard time as far as job and housing wise. Is there any way that I can get this charge expunged or sealed and if so what do i have to do and what are the requirements?

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Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
So long as you were not sentenced to prison and successfully completed probation you should be able to have it expunged.
Answer Applies to: California
Replied: 11/10/2010
The Law Office of Stacey Wolcott
The Law Office of Stacey Wolcott | Stacey Wolcott
I would have more questions that I would need to ask you in order for me to provide you a more accurate answer. However, if you plead to a felony you can potentially reduce your charge from a felony to a misdemeanor under Penal Code 17(b) and then do an expungement under Penal Code 1203.4. This is the case if you did not serve time in state prison. You also must be aware if you had any violations of probation that makes the granting of this type of motion up to the Judge to determine if it is in the interests of justice for him or her to grant. It would really be worth your time to come in for a free consultation so that we can thoroughly look at your case and your charges so that I can give you a more accurate assessment.
Answer Applies to: California
Replied: 11/10/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Go to the clerks office in the court where you were convicted. Request that your conviction be expunged. You must have successfully completed probation and have no new convictions.
Answer Applies to: California
Replied: 11/10/2010
Law Office of William M. Concidine
Law Office of William M. Concidine | William Concidine
You can attempt to get the offense expunged, depending on what county the case is in the court clerk may be able to provide you with the paperwork necessary to file for the expungement. There may also be a filing fee you are required to pay. You can also hire an attorney to file the paperwork for you. If your case was a felony (sounds like it was) then the court will very likely require a hearing to determine whether to grant an expungement. If you have completed probation and have not committed any other offenses, you may even be entitled to the expungement if you fulfilled all the conditions ofyour probation.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a lawyer to first reduce the felony to a misdemeanor (17b motion), then file a petition to expunge the misdemeanor.
Answer Applies to: California
Replied: 11/9/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, 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 withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional 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. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
    Answer Applies to: California
    Replied: 11/9/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    PC 1203.4 is what you use to get an expungement. Google CA Penal Code.If you were on formal probation your old P.O. can do it for you free But the problem with the expungement statute is that it doesn't seal the record. The record remains and under the conviction on your record it shows 1203.4 relief granted. It is now a misdemeanor for prospective employers to get your record (the used to pay a cop $50) but now they got smart. They make you sign a waiver letting them get your record. They they will see the above.
    Answer Applies to: California
    Replied: 11/9/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can not get it sealed. However you can get it expunged.
    Answer Applies to: California
    Replied: 11/9/2010
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