Is it possible to get ones police record of ALL misdemeaners from two US states wiped clean and how would you go about it?

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I have seen ads promising to do so, but wonder how that can be.

Attorney Answers

4
George Mueller ·
If, for example, you are speaking about a DUI in California, consider this: What is a DUI Expungement? A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine: If the term of probation was successfully completed & concluded; That all fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner; That the petitioner is not now on probation for another offense; That the petitioner has no new pending cases; The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed. How does this help me? Expungement law (Penal Code Section 1203.4) provides in part: "[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..." What about applying for jobs? If Private Employers ask if you have every been convicted of a crime, you generally can respond with "NO". (Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.) On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case. What doesn't a DUI Expungement do? Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense is "priorable". It can still be used to enhance penalties & increase punishment should you get another DUI. It can be used to try to put you in jail or increase the length of a DMV suspension. Does this erase all records and destroy the Court file? No. An expungement the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court. Will I need to go to Court? No. I handle all Court work for you. How Long Does A DUI Expungement Take? Misdemeanors: Most expungements for misdemeanors take between 4 to 6 weeks to complete from the time the application is filed. This does not include the time needed to research all records and process the application. The more prepared you are as to the information needed (Case number, date of birth, conviction date, probation length, Vehicle Code charge number, and San Diego county court location) the quicker the application can be processed. If it is necessary to search the court records for information, it may take additional time. Why Expunge my record? Why spend the money? There are a number of reasons to do so such as employment or licensing. However, at least half our clients want to expunge their record as final "closure" on an old mistake- just for peace of mind. DISCLAIMER: Please be aware this page is NOT a comprehensive analysis of all expungement law, types of answers to types of questions asked, or of all types of remedies that may be available to you. This is NOT intended to be legal advice, and a consultation with an Attorney is always first recommended and before answering any question. http://www.sandiegodrunkdrivingattorney.net/expunge.html
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Robert Marshall ·
In California, it is impossible to "get your record wiped clean" of adult criminal convictions (except convictions for possession of less than an ounce of marijuana, which are destroyed after two years). The ads are usually exaggerating the benefit of a dismissal under Penal Code 1203.4, which can help you with future employment.. but it does NOT seal your record or completely wipe out your conviction. Many law firms charge thousands of dollars to file documents you could easily prepare and file yourself. If you successfully completed probation, you can probably do this yourself. Visit the clerk's office at the court where you were convicted and ask for a 1203.4 packet, which should include all necessary forms and instructions. If you had a probation violation or some other bump in the road along they way, you may want a lawyer to help. If your 1203.4 petition is granted, the judge will allow you to withdraw your plea (or set aside the guilty verdict if you were convicted at trial) and dismiss the case. The case will still be a part of public court records, but it will show it was dismissed under Penal Code 1203.4. California Labor Code 432.7 says an employer can't inquire about arrests that didn't result in a conviction, but if a potential employer is likely to do a background check, I usually advise clients to let the employer know they made a dumb, youthful mistake, but the judge ultimately dismissed the charged. Again, a 1203.4 dismissal will NOT seal or destroy your records. If you were convicted of a crime that requires sex offender registration, you still must register. If the conviction was for a violent misdemeanor that carries a ten year firearm ban, it does not restore your gun rights. (Any misdemeanor conviction involving domestic violence also results in a lifetime Federal gun prohibition.) If you run for public office, apply for a state license or want to enter into a contract with the State Lottery, you must disclose the conviction in response to any direct question on an application form. If you were arrested, but charges were not filed or the case was dismissed, you can file a petition for a factual finding of innocence. This WOULD result in destruction of documents. This is a more complicated process and you'd probably be better off with a lawyer's help.
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Matthew Williamson ·
I agree with Attorney Marshall's answer. I would also consider the purpose for what you are doing. Are the crimes of moral turpitude - crimes of dishonesty (theft, fraud, etc), or are they strict liablity - (DUI with .08 or more, no accident, cleaning fish on a pier, etc.). It may be too big of a hassle for the benefit. I agree, be careful with responding to those ads. Also consider contacting your prior attorney(s) to see if they will walk you through the process. In California it's relatively easy if you meet the requirements already mentioned. Good luck with your situation. ' Take Note: Common Sense and this environment (the internet) require me to remind everyone that this answer isn't legal advice, and shouldn't be relied upon. Remember-every state has different laws, rules and regulations and each person's situation is fact specific, and it is impossible to evaluate a legal problem without a thorough evaluation and review of all the facts and documents at issue, including potential investigation. By answering or posting information here, it doesn't create an attorney-client relationship. Matthew Williamson
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Paul Geller ·
You need to have an attorney and/or an investigator pull records and put together thenecessary paperwork. And, all charges need to be properly reviewed.
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