California Law permits a person to withdraw his or her guilty or no contest plea after a person has successfully completed probation. In order for a person to qualify for this expungement relief he or she must satisfy a number of conditions. Most importantly is the condition that they complete their probationary grant successfully. This means that they must pay all fines and fees ordered by the Court, and all restitution must be paid to any victims. The individual must not have violated the terms of their probation in any way, for example the person seeking the expungement must not have sustained any new conviction or have been arrested for any new offense while on probation.
The next condition is that they had not been convicted for any offense excluded by statute that bars an expungement of the case. The offenses commonly barred are sex offenses listed under 290 of the Penal Code such as child molestation. Notably, the California Appellate Court ruled in December of 2006 that crimes of "attempt" such as attempted child molestation can be expunged under California Law. Which offenses fall under the exceptions are limited and an Attorney should be consulted to ensure the particular crime qualifies.
Once the conditions have been met, the next step is to file the petition with the proper Court requesting that the conviction be expunged from the defendant's record. Most Courts require fees be paid to file the legal petition, in addition the petition must be in the proper legal form and must be served on the appropriate agencies in order to be reviewed by the Judge. A Lawyer should be retained to be sure the petition for expungement is filed correctly.
Once the petition for an expungement has been granted by the Court, the person can, in most cases, state that he or she has not been convicted of a crime for purposes of private employment. In effect the case will have been dismissed
Tuesday, 06 April 2010 05:02
Clearing your Criminal Record in CaliforniaWritten by Rizwan Butt
Published in Criminal Law
Latest from Rizwan Butt
Login to post comments