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Expungment In CA

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Lari Ann

Junior Member
What is the name of your state (only U.S. law)? California
Convicted 28 years ago at age 18. No criminal records after that one. Also was first and only offence. Married with two children tired of this coming back to haunt me every time a fill out a job application. I now live in Arkansas but this happened in California. How do I even attempt to get this expunged.What is the name of your state (only U.S. law)?
 


JETX

Senior Member
How do I even attempt to get this expunged.What is the name of your state (only U.S. law)?
First, you will have to attempt expungement in California.

Second, though your post does not say what you were convicted of, only the following are eligible in CA:
A person may have a criminal offense expunged when 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 an expungement should be granted. CA Penal Code §1203.4.

Also, a defendant convicted of a misdemeanor and not granted probation if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment,lived an honest and upright life. CA Penal Code §1203.4a.

A person who was under the age of 18 years at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether defendant was acquitted or charges were dismissed.


If you are qualified (see above), the process for expungement in CA is to:
petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading.

A person who petitions for an order sealing a record under this section may be required to reimburse the county for the actual cost of services rendered, whether or not the petition is granted. CA Penal Code §1203.45
 

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