I am attempting to expunge my embarrassingly extensive criminal record. I have submitted 13 petitions in L.A. County and 3 came back granted, 4 came back denied and 6 are still pending. I would like to finish the ones that were granted and get a total estimate for those that are denied.
If the dismissal was granted, you're done. If it is pending, wait for the court's decision.
On the ones that were denied, you can file an additional petition under Penal Code §1203.4, but the judge has discretion to deny it based on your subsequent convictions.
Some lawyers make extravagant promises about what §1203.4 can do and charge outrageous fees to file even the most simple forms.
Note that "expungement" under Penal Code §1203.4 will not get the case completely off your record. The court records will be updated to show that the case was dismissed after you completed probation. Employers are not allowed to seek information about convictions dismissed under this statute, but you still have to disclose it if you are applying for any kind of state professional license or certain jobs. It will still show up on your criminal history, or "rap sheet," which is usually available only to law enforcement. If you have a theft conviction, or any other conviction that could increase the penalty for future convictions, a dismissal under Penal Code §1203.4 does not prevent that conviction from being used against you.
When talking to an attorney about handling the denied petitions, make sure he or she is forthcoming about these limitations and doesn't make sweeping statements that Penal Code §1203.4 will "clear your record."
I agree with Mr. Marshall in terms of the effects of a Penal Code section 1203.4 dismissal, with one caveat. Are any of your convictions requiring you to register as a sexual offender pursuant to Penal Codes section 290? I kind of doubt it, but, if so, there are certain sex crimes that allow for a person to be relieved of the duty to register pursuant to Penal Code section 290 if a PC1203.4 petition is granted, and if the person is also granted a certificate of rehabilitation pursuant to Penal Code section 4852.01. If you are attempting to get off of the sex offender registration rolls for certain sex crimes, a Penal Code section 1203.4 petition can be VERY important. This does not apply to ALL sex crimes and I would advise ANYONE required to register pursuant to Penal Code section 290 to continue to do so until they have a formal and final declaration in writing from a court that they are relieved from their obligation to register.
If these are not sex crimes, then Mr. Marshall is quite correct. Penal Code section 1203.4 relief does not truly "expunge" your conviction in the sense that the slate is NOT wiped clean. For instance, as Mr. Marshall notes, you must still disclose the conviction in any federal applications, as well as applications for state office, state license, or contract with the CA State Lottery. Also, 1203.4 relief will not allow you to possess a firearm if you have a conviction that prevents you from owning a firearm. As also noted above, 1203.4 relief, standing alone, will NOT relieve anyone of the obligation to register as a sexual offender pursuant to Penal Code section 290. That being said, there are some benefits, such as, for instance, not having to disclose the conviction on job applications with private employers, and the personal satisfaction of knowing the case is "closed" and you have evidence of your rehabilitation signed by a judge.
In terms of the petitions that were "denied" by the Court, one major question is whether you violated probation in any of those cases. For instance, if you committed a battery, and were put on probation, and, while you were on probation, you were arrested and convicted of committing another battery, you violated your probation in the first case by failing to "obey all laws." If you fail to complete probation successfully "for the entire period of probation" the Court must deny the petition unless the Court "in its discretion and the interests of justice" determines that the defendant should be granted relief under Penal Code section 1203.4.
In my experience, if I have a client with, say one conviction in their record, and they successfully completed probation, I simply complete the court form and leave it at that - and, in most cases, I will tell the client they can do it themselves MUCH cheaper than hiring an attorney. However, if I am trying to expunge a conviction where there have been probation violations, I usually have the client prepare a declaration stating how they have learned from their experience and have rehabilitated themselves, and how sorry they are for their past crimes. I then argue to the judge that he or she has discretion to grant the petition since this is a case where "the interests of justice" require it. I have had good experiences in those cases generally, especially where the conviction was old and the defendant has strong evidence of rehabilitation.
If you have more specific questions, please feel free to contact me.
DISCLAIMER: This posting is not intended to constitute legal advice or create an attorney-client relationship. Anyone reading this posting should consult a reputable attorney regarding the specific circumstances of their case.
