California's expungement law permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not currently charged with a crime. If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so. A successful expungement will not erase the criminal record, but rather the finding of guilt will be changed to a dismissal. The petitioner then can honestly and legally answer a question about their criminal history, with some exceptions, that they have not been convicted of that crime. What is actually stated on a record is that the case was dismissed after conviction. It never erases the record, and still states one was charged and convicted along with how much time was served. If the petitioner is later convicted of the same crime again, then the expungement will be reversed. Exceptions, where disclosure is required, are set out in the statute: "the order does not relieve him or she 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." This means that if applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.), or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction). It is worth noting that applications to become a Peace Officer, while not mentioned in the statute, typically require disclosure of expunged convictions. It is also worth noting that with computers, internet, and the free-flow of information, that a carefully worded disclosure may be the best way to proceed, even if disclosure is not required under the statute.
Answered on Oct 08th, 2013 at 12:09 PM