Get CA CR-181 2017

While California has no process for actual expungement, the complete sealing of a criminal conviction, many people, perhaps incorrectly, refer to a section 1203.4 dismissal as an expungement. When a 1203.4 dismissal is granted, the court will vacate your conviction and enter a full dismissal in your case.

When a 1203.4 dismissal is granted, the court will vacate your conviction and enter a full dismissal in your case. Once you have a conviction dismissed, you can truthfully answer that you have never been convicted of a crime, in most situations.

A dismissal is when a judge ends or throws out of court a pending charge. An expungement is having a conviction that is already on your record removed after a certain period of time. Dismissal is always better because it never enters on your public record as a conviction.

In addition, the term "judicially dissmissed" keeps coming up and I do not know what that means. Judically dismissed means that a court has entered a judgment dismissing the charges. As it relates to the statute you cited, it requires that the charges be dismissed pursuant to Penal Code (PC) section 1203.4.

The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

For the most part, private employers, landlords and others who perform a background check on you will not find your expunged records. After your record is expunged, in most states you are legally permitted to answer "no" when asked about criminal records on employment or rental applications.

Expunged vs Sealed Records When a court expunges a conviction or trial record, the public does not have access and the defendant retains the right to not disclose the case when asked about his/her criminal history. Sealed cases are not eligible for disclosure in most pre-employment background checks.

Once your record has been expunged, you do not have to tell anyone that you were ever arrested or that you had a criminal record. ... Unless the law specifically requires you to disclose expunged or sealed records when you are applying for an occupational license or certificate, you don't have to.

While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described ...

While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described ...

If a conviction appears in one database but not another it could be because the record has been expunged or it could be because the data is incorrect. ... For example, if the county hasn't deleted an expunged record of your potential candidate yet, it will show up in the background check report for that individual.

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Under Penal Code 17b, a California court has the power, under certain circumstances, to reduce your felony conviction to a misdemeanor. This can be extremely powerful to create future opportunities for your business, employment, and personal freedom.

Most importantly, when a judge reduces a felony to a misdemeanor, one can legally state thereafter that he or she has never been convicted of a felony. Once an offense is reduced to a misdemeanor and one has successfully completed all terms of probation, expungement of the conviction is available.

Verify that charge reduction is available in your state. ... Get the necessary paperwork. ... Meet the charge requirements. ... Meet other requirements. ... File your documents. ... Serve the prosecutor. ... Attend the hearing.