To Whom It May Concern: Unfortunately... and not to cry over spill milk, you made a serious mistake when you were eighteen years old and pled to a misdemeanor. Just the cold comfort you wanted to hear, I'm sure. You should have, or your Attorney or the Public Defender should have, negotiated an infraction plea for you. You did not know, and no one was looking out for you. If you were offered to speak to the Public Defender and did not do so... well, that was on you. If you did so and the Deputy Public Defender on the calendar that day did not feel sufficiently moved to slide over to the Deputy District Attorney's desk and briefly argue for the infraction disposition, then that was on them. That said, you have to start from where you are, as they say. So, your only real option now, six years later, is to file a motionp ursuant to Penal Code section 1203.4. It is popularly called an "expungement", though it is not an expungement. It is a dismissal. Your guilty plea is withdrawn, and the charge is dismissed. It is a limited form of relief. I direct you to the code, itself, for further elucidation. It will not protect you in every instance, but it is relief of which you should avail yourself. Except for certain circumstances or exceptions, spelled out in the code, after the motion you would be able to say that you had not been convicted.
Answered on Aug 11th, 2011 at 11:32 AM