What does expungement mean, and am I eligible? 5 Answers as of March 28, 2011

I was convicted in December 2004 in California for drug sales. The 2 cases ran concurrent. I was released from prison in 2008 was off parole in 2010. I haven’t been in trouble since. What does expungement mean, and am I eligible?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What expungement means is not relevant as you went to prison. You are not eligible.
Answer Applies to: California
Replied: 3/28/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Unfortunately, since you were sentenced to state prison, you are not eligible for relief under 1203.4 - the section people call expungements.
Answer Applies to: California
Replied: 3/28/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
If you were sent to California state prison either at the time of sentencing (judgment) or because of a probation violation, you do NOT qualify for an expungement. In your case, given that you were sent to prison, you would not qualify for an expungement. Expungement pursuant to Penal Code Section 1203.4 requires that you "a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation." I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The text below explains expungement, but youll see that you are not eligible. The general rule is: Records are forever. However, many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.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 'remove' 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.
Answer Applies to: California
Replied: 3/28/2011
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