QUESTION
Under which penal code should I file for if I want want to clear my record? Can I vacate my conviction?
Asked on Apr 22nd, 2013 on Expungements - California
More details to this question:
I was convicted of a felony in 2000. The charge I was convicted of was pc487 (a). The sentenced issued at the time of sentenced, was about 5 years formal probation and to serve 365 days in county jail. The 365 days in jail were suspended, and was placed only in formal probation. I failed to pay restitution fees and was sentenced to 2 years of jail time which I served in county jail, back in 2011. I was released from jail in May 2012. I want to know if I can clear my record under Penal Code1203.4 or under Penal Code 1203.4a. At the time I was released, I was not placed on parole nor probation. I am currently not on probation for any other matter. All of this happened in Los Angeles County. I've read about vacating my conviction.
1 ANSWER
Criminal Law Attorney serving Fremont, CA
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A two year sentence sounds like a prison sentence. You cannot clear a pri son sentence from your records. I could not give you a good answer without seeing the papers which the court prepared when they gave you the two year sentence.
Answered on Apr 29th, 2013 at 8:49 PM