QUESTION

How do I clear my record?

Asked on Aug 18th, 2011 on Criminal Law - California
More details to this question:
I have entered a plea of "no contest" to CA Penal Code 4323 BP over a year and a half ago. it is my first offense. I have completed 1 year of probation, and paid all fines. How can I clear/seal/destroy my record to be able to get a job?"I tried filing form 851.8 to the court, but I guess I need to file with the police department first? Iโ€™m not sure. The court would not give any "legal advice" including what the heck I am supposed to do.
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7 ANSWERS

File a Petition for Dismissal with the court to re-open, set aside the plea, and dismiss the case. To qualify for expungement, the you must have completed your probation, paid all fines and restitution, not been sentenced to state prison for the crime, and not currently charged with a crime. Expungement will not erase your criminal record; the finding of guilt will be changed to a dismissal. You then can honestly and legally answer that you have not been convicted of that crime.
Answered on Aug 22nd, 2011 at 8:18 AM

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851.8 is not applicable. Only if you were factually innocent. ie. guy is arrested with 3 oz marijuana. He has a medical marijuana recommendation. Case will be dumped AND then you can get an 851.8 as there never was a crime since he had a complete defense. If you plead that's the end. Look at PC 1203.4 as the only way to expunge a conviction. The trouble with the expungement section 1203.4 is that it really doesn't do much. It allows you to state you have never been convicted but the conviction still shows on the record and following it, it says, relief obtained pursuant to 1203.4 In the old days employers would pay a cop $50 for the rap sheet. That is now illegal but most places, when you apply, require you to give them permission to get your rep sheet. Some places don't. If you get the job and LATER they discover the conviction and try to fire you for lying on the application, they can't. That's about the only benefit of 1203.4
Answered on Aug 22nd, 2011 at 6:36 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You were convicted of a Business and Professions code section, not the Penal Code. No contest is the same guilty. You dont clear your record. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Aug 22nd, 2011 at 5:40 AM

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Personal Injury Litigation Attorney serving El Cajon, CA at The Law Offices of Dan Bacal
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You won't be able to have your record sealed pursuant to PC section 851.8 but you can have it dismissed/expunged pursuant to PC section 203.4 upon completion of probation. Contact an attorney to further discuss the process.
Answered on Aug 21st, 2011 at 12:00 PM

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You must first complete probation first before you can petition for expungement. Another option is to terminate probation early. Either way you'll need an attorney to help you with these things.
Answered on Aug 21st, 2011 at 11:49 AM

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Criminal Defense Attorney serving Tustin, CA
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You cannot prevail by way of an 851.8 motion because a no contest plea is the same as a guilty plea for the purposes of PC 851.8 and you have to be "factually innocent" to prevail. Your other legal options would be to retain a lawyer to file a 1203.03 motion for you to terminate your probation early and then you could file a 1203.4 motion to expunge your record.
Answered on Aug 21st, 2011 at 11:47 AM

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There is no California law that can purge the conviction. You cannot file an 851.8 because you entered a plea of no contest which is the same as guilt and as such, you would not be deemed "factually innocent". You can seek a motion to MODIFY your probation seeking early termination of probation. If granted, you can file a 1203.4 which is a Motion to Set Aside the conviction and have the case dismissed. Understand however that this will remain on your record.
Answered on Aug 21st, 2011 at 10:49 AM

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