Dismissing Past Convictions (Expungement)

Posted by on May 19, 2015 in Uncategorized

Most people convicted of crimes in California are allowed to petition for dismissal of their convictions after their conviction or plea of guilty, pursuant to California Penal Code 1203.4 & 1203.4(a).

In most circumstances, Cal. Pen. Code 1203.4 is used by individuals who obtained a probationary sentence for a felony or a misdemeanor.  Cal. Pen. Code 1203.4(a) applies mostly to those individuals who did not serve any probation for a misdemeanor or an infraction.

However, some individuals are not eligible for a dismissal at all.  You are not eligible if your conviction was for one of a few sex crimes. You may not obtain a dismissal of old Vehicle Code infractions.  However, all misdemeanor Vehicle Code convictions, including driving under the influence cases, may be dismissed.

Also, an individual sentenced to a term in State prison, even if that sentenced was suspended, may not obtain a dismissal.  Instead, former State prisoners should seek to vacate their conviction or seek a certificate of rehabilitation or a pardon.

If an individual is eligible, they must first complete the entire term of probation along with all terms and conditions, or have been granted an early termination of the probationary period. Additionally, if restitution was ordered in your case, you must have paid the entire sum prior to obtaining relief.  However, the Court is required to grant a dismissal if the petitioner has fulfilled the conditions of his/her probation for the entire period.

If you have a criminal conviction you think deserves to be dismissed, please call for a free consultation and protect your rights! 619-822-7332 @Pabstlaw #PabstLaw #esq4me #expungement #criminallawyer #criminalrecords #dismissal #conviction