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CRIMINAL DEFENSE

EXPUNGEMENTS

Penal Code § 1203.4

Let's begin with what expungements are not. A criminal record expungement does not 'erase your record.' There is a big misconception out there as to what these petitions do for you and it must be very clear to anyone that applies for this court order that the original charge will not be invisible from now on.

What that means is that under the law, where a person successfully completed their terms of probation/incarceration, has not gotten into any more trouble, and have maintained a good standing with the court and/or supervised probation, they achieve the benefit of placing a 'not guilty' to the charge or charges they at first plead guilty to, and thus the case is deemed a 'dismissal' pursuant to 1203.4 of the Penal Code. So what does that mean?

Thus, when asked whether or not you have been convicted of a misdemeanor charge (and let's say this case in particular was a misdemeanor), you can say that you haven't since your conviction has been expunged.

Will an Employer See your Record?

It depends. It depends on the industry, what your job description is, how long you have been employed there, or what part of the application process you are in.

Think of it as something that you can never fully erase from your memory or your record. It is, however, something you will always have the opportunity to deny if successful. In most cases, you can legally and honestly say 'no' when asked if you have ever been convicted of a crime.


If you are facing expungement issues, you need an experienced criminal defense attorney who can adequately protect your rights and raise a strong defense on your behalf!

To schedule a FREE CONSULTATION with our firm, call our office at:

844-RICOLAW (844-742-6529)

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