Expunge conviction?

[kenham456]

What is the name of your state (only U.S. law)? California. Eighteen years ago my nephew was arrested for possessing photos he took of young boys genitalia that he was somehow able to take on the play yard where his students were playing (He was a teacher) He was arrested, pled guilty, served a year in the county jail, completed probation which included a long period of psychiatric counseling. The investigators determined that he did not ever have physical contact with any of the boys. He was discharged from the probation and has been a good citizen with no contact with the police and a successful employment situation. He of course would like to expand his employment opportunities but cannot with the conviction. Any chance that that would be possible (expunge the conviction)?
Thanks

 

[single317dad]

http://www.courts.ca.gov/1070.htm

Under the "figuring out your options" subheading:

You were convicted of a felony and are done with probation and/or county jail time.
File a petition to have the conviction reduced and dismissed.
File a Pen. Code, § 17(b) petition to get a felony reduced, and a Pen. Code, § 1203.4 petition for expungement.

I have very strong doubts that your nephew's conviction can be altered, even 18 years after the fact. Protecting children from those in positions of authority that might harm them is exactly what the law was designed to do.

 

[kenham456]

Thanks Single317dad, I just talked to my nephew and expressed my thoughts which are much the same as yours (I'm a retired police detective). He told me that he had his arrest record expunged five years ago with the help of his ex-probation officer. He said that his sentence was 364 days in the county jail and probation.
He tells me that what he is hoping for now is a Certificate of Rehabilitation. Any chance of that?
Sorry I didn't have the complete story when I made this thread. His mother, my sister in law, asked for my opinion and I neglected to gather all the necessary information.

 

[single317dad]

http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT016.PDF

http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT016.PDF

The linked information packet contains forms and instructions for the Certificate of Rehabilitation for San Diego County. The forms will be similar (though not necessarily the same, and certainly not interchangeable) for each county, and may be available online. Also included is an application for a pardon, which is part of the process. The information under "purpose" and "eligibility" will be critical.

I have mixed feelings about wishing your nephew "good luck" with his endeavor; though I do wish all folks success and happiness, there are some public records I think should stay as they are, and never be modified. The fact, though, is that the law will decide his fate, and it will be what it will be.