My question involves criminal law for the state of: California
I was a single parent to 2 sons, 13 years ago. My son got into a lot of trouble in Jr High School. On the way home from school, I was so angry that I threatened to "give him a whuppin ". When we arrived home I told him to go to his room. I was so tired and stressed because of this and other problems, but I fell asleep on the couch. I do not know how long I slept, but was awakened by a police officer and arrested for child abuse. It seems my son called while I was asleep because he was scared because I had threatened to "whip him".
I was takened to jail and threatened with a long jail time since I had prior domestic violence issues. Since I had another son at home, and a young daughter by another lady, I took the advise of a public defender and pled no contest. Later, CPS found out that my son had lied and that I had not touched him. I was asked if I wanted him returned to my home, but I refused. My son was a troubled child, at that time, I felt he was too much for me to handle. I thought every thing was handled and forgot about my no contest plea.
Years later I married the mother of my daughter. My new wife was a licensed foster parent. Due to my history and marriage to me, her foster license has been revolked and she is in tears because she always wanted a large family.
Is there anything I can do now to clear my record? Should I request post conviction petition or ask that the record be expunged?