Hello Ladies & Gentlemen,
I would like to file for expungement of my misdemeanor solicitation conviction (I plead no contest in Van Nuys Court about 2 years ago). I would greatly appreciate any information and advice on the expungement process and a reputable lawyer. I have a degree from a top university and it is very important to me that I get this off my record as much as possible. I am not sure if I can have the records sealed? I've done some research and have found conflicting statements. It would be great to hear from another female who has gone through the process and can advice on the best way to go about it. Any information would be helpful and greatly appreciated! Thank You!
Basically, what you are attempting is a what is called a 1203.4 or 1203.4a expungement. It's named after section 1203.4 and 1203.4a of the California Penal Code. Under section 1203.4, if you successfully completed probation and you didn't commit any new offense, the court can withdraw your nolo contendre plea and enter not guilty, and there's no conviction on the record. If you're currently serving probation, you can ask the court to look at your circumstances and terminate probation and still get the expungement.
1203.4a covers when you weren't given probation, but you have successfully completed your sentence. If you haven't committed any new offense, one year after the end of your sentence, you can ask for an expungement.
It's not really an expungement. If you ever apply for a government job or need a license from the state or county, or work with the California State Lottery, you're required to reveal your misdemeanor conviction. It also still counts as a conviction in any future criminal proceeding. However, you will be able to keep it off most job and school applications.
I do not think you can have the records sealed unless you present the court a good reason. Convictions are public record, so it takes a good reason for courts to make them private.
If you were represented by a public defender for the solicitation conviction, their office might be able to help you with the expungement.
You should be able to get an expungement if you've had no run-ins with the law since your conviction. The process is straightforward and a lawyer who knows what he's doing should be able to handle it for a modest fee. You could try it on your own, but there are ways you could mess up. Since getting the expungement is so important to you there's no reason to take the chance.
You can pretty much forget about getting the record sealed unless you were a juvenile at the time or have some highly unusual and very compelling reason. Court records are public so that people can see them. If they could be sealed on request everybody would have it done and there would be no misdemeanor records for people to see.
..at least in the state I live in, I just went to the courthouse where the "occurance" (county or city), picked up an expungment packet, and you can do it all yourself.
You must provide a fingerprint card, and go through a hearing, and it must have been at least 3 years since the date of conviction...once a judge approves it, it will be completely sealed!
Good luck with the process...don't give up, and soon you'll have no "record" at all!!!
It is an inexpensive service about $500 in OC from an attorney, and you may get your expunch much sooner w/ an attorney. I had 3 yrs informal proba, but after 1 1/2 yrs I got the infrom prob dropped & my expunch 6 weeks later. it made ahuge difference in my life, once I got my expung. I could now get a job. with that 1 mesly count on my record people looked at me weird and I was even told never to apply agin at certain companies
first of all an expungement does nothing really, yes it like sealing but not really because no matter what, it is recorded until you die. ok no matter who asks about this misdememanor, it will always be there and can always be found.
You can work some crappy job and they might ask and you can lie because they lie all time saying that they do background checks, it bs its to expensive for mcdonalds or the shops in the mall to do these checks.
Now if you work for a hospital or somehting of that nature yes they will do a check. or if you lie and then get a promotion, they will check.
Depending on who you work for its a judgement call, but be prepared of how badly people will treat you and judge you.
Its best to work for yourself, colleges don't care but employers do...
wrong !!!!!an expunghment changes your life read my reply
get the epunngment, here is how it works, you hire an attorney ,let them do everything take youe exspong and run... It only cost $500, and they give you apaper thta states, " your plea has been changed to NOT guilty & case dismissed" all you need to do is put this paper in asafe place & whenever a situation comes around and that "glitch" pops up ,,you can show the paper and that prooves you were found NOT guilty & case dismissed" Do NOt go into any more details regarding the issue thia is all that is required this prooves it is over & NOT guilty... you may want to take it a step further & try fro aseal next. which will help the glitch popping up in the first place BUt GET thE EXPUNG trust me
they seem easy but they can get complicated