- 1 What happens when a conviction is expunged in California?
- 2 What happens to a criminal record in California?
- 3 Can a licensed attorney appear at an expungement hearing?
- 4 Can a ticket be expunged under Penal Code 1203.4a?
- 5 How does expungement work in the state of California?
- 6 What happens if you get your conviction expunged?
- 7 Do you have to disclose expungement on your license?
- 8 How does Penal Code 1203.4 PC allow for an expungement?
What happens when a conviction is expunged in California?
No. A California expungement takes the conviction off your record and replaces the conviction with a dismissed court case. An expungement also removes the finding of guilt. If asked, you cannot deny the existence of the arrest or court case, but you can deny the conviction.
What happens to a criminal record in California?
If granted a California expungement, the conviction and case will still appear on a criminal record obtained from the state or federal government. There will be an additional update/entry added to the case which states that the conviction has subsequently been dismissed.
Can a licensed attorney appear at an expungement hearing?
No, we have a licensed attorney appear in court on your behalf. If the court does request your presence at the hearing and you cannot attend, then we will seek to have the court excuse your appearance. How long does the expungement process take?
Can a ticket be expunged under Penal Code 1203.4a?
However, Penal Code section 1203.4a does not apply to any infraction falling within the provisions of 42001 of the Vehicle Code. Section 42001 specifies the punishment of all infractions and any infraction that is punishable by a fine not exceeding one hundred dollars ($100) cannot be expunged.
How does expungement work in the state of California?
What Is Expungement? In the state of California, expungement essentially reopens your criminal conviction and changes its status to a dismissal. As a result, you can truthfully state to employers, landlords, and other authorities that you have not received a criminal conviction. California expungement does not destroy your criminal record.
What happens if you get your conviction expunged?
If you have your conviction expunged, your case will be reopened and your guilty plea or guilty verdict will be set aside and the case will be dismissed. According to Penal Code 1203.4 PC, expungement releases the defendant from “all penalties and disabilities” incurred by the conviction.
Do you have to disclose expungement on your license?
If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement. The conviction can still be used against you in future criminal proceedings and by the DMV for purposes of suspending or restricting your license.
How does Penal Code 1203.4 PC allow for an expungement?
As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or felony offense provided the applicant: successfully completed probation (either felony probation or misdemeanor probation), and; is not currently: charged with a criminal offense, on probation for a criminal offense, or; serving a sentence for a criminal offense. 4