Misdemeanor Expungements

If you have been convicted of a misdemeanor, that conviction is going to remain on your record forever.  It is not something that magically falls off of your record after a certain number of years. However, with the help of our office, there are steps you can take to help clean up your criminal record. Pursuant to California Penal Code §1203.4, a misdemeanor conviction can be expunged once you have successfully complete all the terms of your probation.  If you pled guilty or no contest to an offense but were granted a terminal disposition (i.e., you were not placed on probation), your conviction can be expunged one year after the date you pled guilty or no contest.

 

Although successful completion of probation is a requirement, the law provides courts the discretion to expunge convictions where probation was

violated but later completed successfully.  A skilled attorney can help you achieve the desired results. 

 

Once your criminal conviction has been expunged, you can, in most cases, legally answer “no” to direct questions of  whether you were convicted of that crime. There are three exceptions to this general rule:

In all other cases, you can deny the conviction. Certain licensing agencies, such as the Department of Real Estate, require that you expunge your record as a criteria for licensing.

 

The expungement process begins with the filing of a motion and petition with the same court in which the conviction was entered. The matter is then sent to the District Attorney and/or Probation Department for review.  If required,

Probation then submits a report to the court and the matter is set for a hearing. Once the expungement is granted, the conviction is set-aside, a plea of not guilty is entered, and the case is dismissed. The court then sends a copy of the

order to the Department of Justice to update the individual’s criminal record.

 

Jeffrey D. Stulberg, A Law Corporation, frequently handle misdemeanor expungements.  Our office will prepare the motion and/or petition to expunge, prepare and file the petition, and appear at the hearing, if required, to argue on your behalf. You do not have to appear if the expungement is for a prior misdemeanor conviction.