California Penal Code 1203.4

Table of Contents

Attorney Paul J. Denni can be reached from his main website by clicking this link: California Expungement Help. You can call him at 310-200-4519, or email him at paul.socaldefense@gmail.com.

What is a CA Expungement?

An “expungement” in California serves as a California Penal Code 1203.4 motion to dismiss. An effective motion has the effect of terminating a prior criminal conviction.

Exactly What Does an Expungement in California Do?

A California expungement doesn’t seal up your record, and it doesn’t purge your record. What it does is adjust your record. In the event you have a felony or misdemeanor conviction on your criminal record, an expungement will revise your record to show the charge has been dismissed.

The prior conviction will continue to be be present on your record, but it won’t be the conclusion of your record. California Penal Code 1203.4 results in giving you a fresh story: your record of the prior conviction for which the motion has been granted is dismissed.

Why Would I Want a California Expungement?

If the 1203.4 motion doesn’t eliminate or seal up your record, in that case you may be wondering the reason you’d wish to have a California expungement at all.

Foremost, although the past conviction that was wiped out is still evident on your criminal record, your record now appears much better given that your record will indicate the conviction is dismissed.

Next, the final result is such that you can now genuinely answer “no” on a job application inquiring about about whether or not you have a criminal conviction on your record. (Take Note: You will definitely still have to make known the former conviction if applying for public office, licensure by any state or local agency, or for contracting with the CA State Lottery Commission.)

Thirdly, the statute specifically states that you’ll be released of “all penalties and disabilities resulting from the offense”. This promises you that this past crime can no longer trouble you or ask for anything more of you.

Is My Motion to Obtain a California Penal Code 1203.4 Expungement Very likely to be Granted?

It truly is best to look for a seasoned, yet inexpensive, legal practitioner to help ensure your 1203.4 motion for expungement will be approved. Several courthouses require oral argument to be heard prior to granting the motion. In the event you are not confident speaking in the court or before the judge, get in touch with a competent lawyer who can appear for you and establish your likelihood of prevailing is at its peak.

Even though you can expunge a felony as well as a misdemeanor, in some cases, it is advisable to reduce your felony to a misdemeanor first, after which you can expunge the misdemeanor.

Usually, your 1203.4 motion to expunge is more prone to be approved if you are no longer on probation for the offense or another offense, you are not serving a sentence on any offense, and you are not currently faced with any pending charges. When you are still on probation and want an expungement, you may make a motion for early termination of probation.

If My California Expungement Motion is Granted, Can it Still be Deemed a “Prior”?

If you are a repeat criminal defendant, certain prior offenses can be used to increase the sentence with regards to your present criminal charge. Should you get a conviction expunged, that conviction – although it is dismissed – may still be considered a “prior offense” for purposes of sentencing enhancements.

How Do I Seal or Erase My Record?

If you’re interested in sealing or erasing your record, the California legislature has carved out a few ways to do this, in restricted situations. Examples are a motion to seal your juvenile recordseal record of a drug conviction dismissed pursuant to Penal Code section 1000, and a motion to seal record of your arrest.

Attorney Paul J. Denni can be reached from his main website by clicking this link: California Expungement Help. You can call him at 310-200-4519, or email him at paul.socaldefense@gmail.com.

 

 

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