QUESTION
Can I have my criminal record sealed as an adult?
Asked on Sep 17th, 2011 on Criminal Law - California
More details to this question:
I have committed a misdemeanor for petty theft a month after I had just turned 18 and pleaded no contest. I had to pay two separate fees, one for the store itself and the other was the city/state. I also finished my probation period of 3 months, 20 hours of community service, and got an expungement immediately after my probation. I have just graduated from college and is trying to pursue a finance/accounting career and would like my record sealed because my background has created many of obstacles thus far. I was wondering if it's possible to seal a petty theft record and how much would it cost to hire a lawyer?
4 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Getting it expunged is all you can do UNLESS they treated you as a juvenile (unlikely).
Answered on Sep 23rd, 2011 at 11:53 AM
You can hire a lawyer you file a motion for dismissal on your behalf. Be sure to hire a qualified criminal defense lawyer who has experience with filing such motions or petitions. Also, an experienced lawyer will know how to achieve this quickly rather than waiting months for the court to review your request. Every lawyer has his/her own fees for this type of work. Look for someone your are comfortable with and who you can afford.
Answered on Sep 20th, 2011 at 9:08 AM
No you cannot. The expungement is the best outcome and you've done that.
Answered on Sep 20th, 2011 at 7:55 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You cannot seal an adult record unless you are found factually innocent. Obviously, by pleading and completing probation, you don't have that avenue available to you. Your "expungement" (technically, a dismissal pursuant to Penal Code 1203.4) is about the best you can do. When that was granted, it was a withdrawal of your plea and a dismissal of charges. Under the California Labor Code, employers are not allowed to ask about or consider arrests that do not lead to a conviction or diversion programs. There are exceptions when it comes to professional licenses. If you are seeking a professional license (such as a CPA), you may be required to disclose the conviction. Failure to disclose if required could lead to your application being denied for failing to disclose the case. For further clarification, you may want to sit down with your records and consult a criminal defense attorney or an attorney that specifically handles licensing cases.
Answered on Sep 19th, 2011 at 4:39 PM