If I get an expungement, can I legally say that I have never been convicted of a crime in a job application?
Yes- if your case was expunged pursuant to 1203.4 of the California Penal Code, you can legally answer that question with a “no”. However, you still have to disclose the conviction if you are applying for a state job or seeking a public license (real estate, medical, law etc). Thus, your obligation to reveal the conviction on a job application depends on the type of job. With all private job…
Read MoreCan I make a motion to expunge my record under Penal Code Section 1203.4 while I am on probation?
No. You cannot bring a motion to expunge your record while you are still on probation for any offense. This means even if you no longer on probation for the case you wish to expunge your motion will be denied if you are on probation for any other criminal offense. Some clients retain us to bring a motion to terminate their probation early so that they can expunge their record.…
Read MoreCan I make a motion to expunge my record in Orange County under Penal Code Section 1203.4 while I’m on Probation?
No. Under Penal Code 1203.4 you cannot bring a motion for expungement of criminal records in Orange County while you are still on probation for any offense. This means even if you are no longer on probation for the case you wish to expunge, your motion will be denied if you are on probation for any other criminal offense. Wallin & Klarich can Help You... Some clients retain us to…
Read MoreCan I get a strike removed from my record?—I am a juvenile and I picked up the strike from an assault conviction. I am still on probation.
Expungement The only reason you would petition the court--via a Romero motion--to strike a strike from your criminal record is if you had another pending case that would be seriously affected by a prior strike. Striking a strike is NOT the same as expunging the conviction that serves as the basis for the strike. It only allows the court to disregard the strike for sentencing purposes, i.e. doubling the sentence…
Read MoreIf a felony conviction was reduced to a misdemeanor, do I have to disclose it on job applications?
Most job applications ask if you have been convicted of a crime. If the question is asked in that manner and you have been convicted of a misdemeanor or a felony it would be expected that you would reveal that on a job application. If you fail to do so and the employer finds out about the prior conviction that could likely be enough of a reason not to consider…
Read MoreHow do I clean my record? (Penal Code 1203.4)
To clean your record, you would need to file for an expungement. In order to qualify for an expungement, you must have completed probation and there are no new arrests or open cases. If you have not finished probation, you can seek to have your probation terminated early under Penal Code 1203.3. An experienced criminal defense attorney can terminate your probation early and seek and expungement.
Read MoreI have a felony drug conviction on my record. Is there any way to have that criminal conviction reduced or removed from my criminal record?
It depends. If the felony conviction resulted in you going to state prison then you cannot have it expunged per Penal Code Section 1203.4 or reduced to a misdemeanor per Penal Code Section 17b. If the felony conviction was “only a felony” meaning it could not have been charged as a misdemeanor then you cannot have it reduced to a misdemeanor. However, if you did not go to prison we…
Read MoreI have a misdemeanor petty theft from five years ago and I know it will impact my ability to obtain employment. What can I do to expunge my criminal record?
We can file a motion on your behalf pursuant to Penal Code Section 1203.4. There is a high chance this motion will be granted if you had no probation violations while you were on probation, and if are not currently on probation for any other criminal offenses. What this motion does is it asks the court to set aside your guilty plea, enter a not guilty plea in its place…
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