How do I clear my record once off probation for a misdemeanor? - Criminal Law Questions and Answers- LawQA.com

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How do I clear my record once off probation for a misdemeanor?

I completed three years of probation for a misdemeanor taking a car without permission. Is there a way to clear my record? I am 23 and unable to get a job with my record.

Answer By Phil Hache
Law Offices of Phil Hache
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It is possible to have your conviction expunged (ie. dismissed) by petitioning the court.

Answer Applies to: California
Replied: 9/21/2011

Answer By Ardalon Fakhimi
California Criminal Defense Center
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You may be eligible to have your case dismissed after you have completed your probationary period and you have nothing left owing to the court. You should hire an experienced criminal defense attorney to file the motion or petition on your behalf. Some attorneys who lack experience filing such motions cause unnecessary delays in having your matter heard by the court.

Answer Applies to: California
Replied: 9/19/2011

Answer By Daniel K Martin
Law Office of Daniel K Martin
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This question is very common, here are the steps for a felony. The only difference for a misdemeanor is that you do not have to have the case reduced to a misdemeanor under Penal Code 17(b) 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above. It is important to understand that have a felony conviction isn't that bad. Many companies and government agencies do not care if you have a felony.

Answer Applies to: California
Replied: 9/19/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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As long as you have successfully completed the entire term of probation, have nothing criminal pending, and am not on probation for any other case(s), then you are eligible for expungement. Contact an attorney to file the petition and conduct the expungement hearing for you.

Answer Applies to: California
Replied: 9/19/2011

Law Office of Eric Sterkenburg
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Having the case expunged may offer some help. The expungement law re-opens the case, sets aside the plea, and dismisses the case. To qualify for expungement, must complete your probation, pay all fines and restitution, not be sentenced to state prison for the crime, and not currently charged with a crime. An expungement does not erase your criminal record. However, the finding of guilt is changed to a dismissal. Once the expungement is granted you can lawfully state that they have not been convicted of a crime when filling out a job application from a private employer.

Answer Applies to: California
Replied: 9/19/2011

Answer By James A Bates
Law Offices of James A Bates
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As long as there were no probation violations, you can file a 1203.4 form and get the conviction erased for most purposes. Once granted, you can tell private employers you have no convictions. If you apply for a state license, like real estate, you must tell them.

Answer Applies to: California
Replied: 9/19/2011

Answer By Gerald E. Smith
Law Office of Gerald E. Smith
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You should look at expunging your record. An expungement will show up as a Not guilty entered and the case dismissed. You do not have to admit on any application that you were found "guilty" of a crime, but you will have to admit that you were arrested and or charged (if asked) but the case was dismissed.

Answer Applies to: California
Replied: 9/19/2011

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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Yes - maye your Probation Officer will do it otherwise Google California Penal Code and look up 1203.4

Answer Applies to: California
Replied: 9/19/2011

Answer By Johnny Lai
Law Office of Johnny Lai, Inc.
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For purposes of private employment, yes. You can file a motion with the court to obtain what's commonly referred to as an "expungement." For a number of reasons I will not get into, that is not a precise term, but for private employment purposes, it does function as a clearing of your record. However, the "expungement" will not clear your record for law enforcement purposes or for applications for state licenses or state lottery contracts. I have had great success with filing these motions.

Answer Applies to: California
Replied: 9/19/2011

The Law Office of Harry E. Hudson, Jr.
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An expungement will not clear the record. But it can say that you did all those things you should have done. But the conviction will always be there.

Answer Applies to: California
Replied: 9/19/2011

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