How do I remove my 273.5 misdemeanor? 4 Answers as of September 10, 2013

I would like to know how to remove my conviction. On 10/08/2010 I got arrested for hitting my ex with a chopstick and the people of CA convicted me. I was first charged with a felony but the judge reduced it to a misdemeanor. I plead guilty and spent 5 days in jail, did the 52 batterers treatment program and had 2 years of informal probation. I would like to get this removed to do my pharmacy tech program or should I consider a different career?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is a procedure called an expungement which does not erase the conviction but allows you to say you were not convicted. Unfortunately licensing agencies can still consider expunged convictions. It still helps to have one as an expungment is an indication that you have been rehabilitated. Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a DV offense. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 9/10/2013
Steven Alpers | Steven Alpers
You can apply to be a pharmacy tech. You must tell the pharmacy board about the conviction even if it is removed under 1203.4 for successful completion of probation. There may be an additional problem which is you cannot own guns for 10 years after your probation expires, 2023. You will be denied a license if you do not disclose this conviction to the pharmacy board. The further you get from the case the better for you.
Answer Applies to: California
Replied: 8/23/2013
Ellis & Abouelsood | John Danelon
You can seek an expungement to have it removed off of your general background check, but often past convictions will still appear on more extensive searches.
Answer Applies to: California
Replied: 8/22/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
It might be able to be removed via 1203.4 motion, but that does not make it disappear for government licensing matters.
Answer Applies to: California
Replied: 8/22/2013
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