How do you expunge a criminal record for welfare fraud? 11 Answers as of May 14, 2012
In 1996, I was convicted of Welfare Fraud. I was sentenced to 100 days in Jail (served), 300 hours of Community Service (completed), $7,200 Restitution (paid), and 3 years Probation. Everything was complete and I went in front of a judge and was told since I completed everything the case was closed or completed (I don't remember). Fifteen years later, I am applying for a real estate salesman license and found out my conviction was never expunged. Since 1996, I have worked in real estate and have been bonded several times. I was also bonded for Probate when my dad passed away. Also when I was in jail, the sheriffs didn't know why I was there because my inmate card said I was in there for a $250 traffic fine.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider | Peter Goldscheider
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 felony or misdemeanor 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. Unfortunately expunged convictions can be used in administrative proceedings including for a real estate license where the issue is not conviction itself but the underlying facts.
Answer Applies to: California
Replied: 5/14/2012
Law Office of Eric Sterkenburg | Eric Sterkenburg
A conviction is not automatically expunged. This is something that you have to petition for. An attorney can do this for you.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Dean B. Gordon | Dean B. Gordon
You may qualify for a probation modification under Penal Code section 1203.4. Contact the probation office in the County where you were convicted. Usually you would have to pay a fee to cover the costs of your motion because the probation dept. has to run a criminal check to see whether you have any later convictions or are still on probation. If you are unable to do it yourself, contact a criminal defense attorney.
Answer Applies to: California
Replied: 12/20/2011
Law Offices of James A Bates | James A Bates
Even if you get the case dismissed by filing a 1203.4 form, you still must divulge the conviction if you are applying for a real estate license.
Answer Applies to: California
Replied: 12/19/2011
Wise Law Group | Michael J. Wise, Esq
Penal Code Section 1203.4 sets forth the requirements to expunge a conviction in California.
Answer Applies to: California
Replied: 12/20/2011
Rizio & Nelson | John W. Bussman
If you successfully completed all your probation and you don't have any other open cases, you're probably eligible for relief under "PC 1203.4". Check your local court's website for the necessary forms and instructions. It's a fairly simple process.
Answer Applies to: California
Replied: 12/19/2011
Dennis Roberts, a P.C. | Dennis Roberts
The first thing I would do isgo to a local police station and tell them you want your C.I.&I. records (the is your California police record. They will print you and charge you a nominal fee and you will get it. Then you can see exactly what is on it. You can then file a petitionunder Penal Code 1203.4 - Google California Penal Code.
Answer Applies to: California
Replied: 12/19/2011
Law Office of Jeff Yeh | Jeff Yeh
Of course it wasn't expunged. Expungement doesn't happen automatically, especially if it was a felony. You should contact an attorney about eligibility.
Answer Applies to: California
Replied: 12/19/2011
Hammerschmidt Broughton Law | Mark A. Broughton
There is a process under Penal Code section 1203.4. There is no such thing any longer as a true "expungement" but a 1203.4 motion is the closed thing. In some counties, the probation department will help you with getting the process done; in others you can either get the forms and try doing it yourself, or a criminal defense attorney can prepare the documents and help you through the procedures.
Answer Applies to: California
Replied: 12/19/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
There is no such thing as an expungement if you mean having the arrest and conviction removed from your record. You can apply for 1203.4 relief. After the petition is granted, you may then apply for a certificate of rehabilitation.
Answer Applies to: California
Replied: 12/19/2011
Law Office of Joe Dane | Joe Dane
Everybody calls it an "expungement" but it really doesn't expunge or wipe things off your record. What you're looking for is a dismissal under Penal Code section 1203.4. If your case was a felony, you can also seek to have it reduced to a misdemeanor and then dismissed. If dismissed, it will allow you to tell most private employers that you have never been convicted of the crime. It's a little different for licensing, however - it may still need to be disclosed, along with supporting documentation to show it was subsequently dismissed. I don't know why it hasn't shown up sooner - the DOJ (Department of Justice) is backlogged and sometimes inaccurate with their records. You can get your own criminal record by going through the DOJ and submitting fingerprints. That way, you'll see exactly what is on your record and can go from there. A local criminal defense attorney that practices in the county where your original case was can assist with the dismissal for a reasonable fee. You may also want to consult with a licensing attorney to see how this impacts your real estate license - failing to disclose what you should have can often cause more problems than disclosing and dealing with it. If you're in Southern California and need a referral to a licensing attorney, let me know and I can refer you to someone. If your original case was in Orange County, let me know if you want to pursue a dismissal under 1203.4.
Answer Applies to: California
Replied: 12/19/2011
