Expungement

CALIFORNIA: PENAL CODE § 1203.4

California Penal Code § 1203.4 provides that persons convicted of certain crimes can move to have their charges dismissed after a conviction. Modesto expungement lawyer Tai C. Bogan wants you to know that if your request to expunge your record is granted, your plea or conviction will be set aside, a not guilty plea will be entered in its place and then the charges will be dismissed. Your RAP (Record of Arrests and Prosecutions) will read that you once had a record but now that case has been dismissed. It does not erase your criminal records but modifies them.

California Penal Code § 1203.4 is California’s expungement law which allows a person convicted of a crime to file a Petition for Dismissal with the court to open the case back up, set aside the conviction and dismiss the case. To qualify for an expungement or set aside the petitioner must have completed probation, paid all of their fines, all restitution and cannot currently be charged with a crime. Some crimes do not qualify for expungement in California such as some sex crimes and more serious crimes.

Once granted, most private employers cannot see that you had a conviction. However, all special licensing agencies such as California Department of Real Estate or California Department of Nursing can see the fact that you had a conviction and later had it dismissed under Penal Code §1203.4. It is best to read closely any application for employment or licensing that you are seeking to determine if you are required to disclose the fact that you once had a conviction.

Infractions can also be expunged under California Penal Code 1203.4a.

Clearing your past criminal record is especially important when you are trying to better yourself and get a better job. If you have a criminal record which you would like to clean up, call The Bogan Law Firm, A Professional Corporation at 209-565-3425.