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  1. #1
    Join Date
    Apr 2005
    Posts
    1

    Default Expungement in California

    I was arrested and charged of possesion of a felony concealed weapon and felony embezzelment back in NOV.2002 but ended up only getting convicted in march of 2003 for Misdemeanor Embezzelment which the total amount embezzeled was around 200$ or less...I was put on court probabtion for 3 years and next year will be the 3rd year...I am have not gotten into any trouble and I am current going to be graduating from a getting my Bachelors Degree in Criminolgy in MAY 2005 and want to get into working with the youth...But every where I go I get shot down because of my background and being on probation....Where can I get the paper work to petition to get my record expunged and get myself off probabtion? I need help bad!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Probation & Expungement

    You can speak with your probation officer about whether he or she would consider recommending you for an early discharge.

    Since you were on probation, the following statute would seem to apply:
    Quote Quoting California Penal Code 1203.4
    (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

    Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.

    This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

    (b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

    (c) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred twenty dollars ($120), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred twenty dollars ($120). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person's eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.

    (d) No relief shall be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.

    It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

    (e) If, after receiving notice pursuant to subdivision (d), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

    (f) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

  3. #3
    Join Date
    May 2005
    Location
    california
    Posts
    2

    Default

    As a side note to this topic, I was arrested for felony possesion of a controlled substance(cocaine),plead nolo contendre,went to a California Department of Corrections facility,was paroled and completed the terms and conditions of parole, and discharged my CDC number. The day I was in court to discharge from the CDC system the judge entered a P.C.1203.4 on my behalf which allowed me to change my plea to not guilty,the judge convicted me of a misdemeanor drug offense and dismissed the felony drug possession charge. I can tell you with absolute certainty that she may well have left the felony on my record because every time I apply for a job every company pays some internet investigator to do a $50 background check on me and the case still shows up,(since it's a matter of public record) and unless you read the final disposition first and stop (which no one has) they start reading about the arrest, probation, incarceration,( I honestly think that everyone has stopped reading at this point if they made it this far),etc. My point is that the letter and spirit of this law is totally lost in this information age.

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