How To Dismiss Criminal Misdemeanor

What you are looking for is the so-called CA expungement, which is a complete misnomer because it isn't a true expungement. Instead, it is something called a 1203.4 dismissal. Essentially, if: 1) you were granted probation, and 2) you complete probation successfully, you can petition the court to withdraw your guilty plea and dismiss the case. On your record, the case will still show up. It'll say something to the effect of "1203.4 dismissed." Long story short, it'll still show up on your record. But not as a conviction. If you can afford an attorney, I suggest hiring one to file the petition for you. If you can't, the clerk's office should have these petitions. You can try to submit one on your own. Good luck!

Excellent answer above. Let me add the process specific to Los Angeles: 1. Finish probation or file a motion to have probation terminated early. 2. Fill out the 1203.4 dismissal forms. http://www.courts.ca.gov/documents/cr180.pdf 3. "Serve" the form, which means giving a copy to the prosecuting agency usually the Los Angeles District Attorney but sometimes the City Attorney. This may not be strictly required but it is a best practice and many judges will want the prosecutor to run a rap sheet to make sure you have not picked up any new cases or are simply unwilling to proceed with an expungement without notice to the prosecutor. Note, you technically cannot serve the documents yourself because you are party to the action. 4. File your completed forms and written proof that you served the prosecutor (create one yourself or use this form:http://www.courts.ca.gov/documents/pos040.pdf) at the courthouse where you suffered the conviction, they will charge a fee for doing this usually $75 or less. 5. Wait for an answer as most times there is no hearing. As recommended above, it is easier to have an attorney do this but it may not be within your budget. The "going rate" for an "expungement" in Los Angeles is about $1,000 but it varies. An attorney may do it for less because it is a simple case and close to their office, or they may have to charge a lot more because it is a long hike to that court and the case has complications, like requiring multiple trips because it is old and in storage and was re-assigned to a new courthouse. If you want the expungement early, that is motion to terminate probation early which is a separate charge. If that is not within your budget, I would suggest contacting the public defender's office at the courthouse you were convicted at. Many PD Offices assist with "expungement" or have "expungement" clinics.

It depends on the charge. You should be able to expunge the case once u sucessfully complete probation. An atyorney can help byt its possible to do it yourself...

There is no "eraser" in California. You may apply for a PC1203.4 "dismissal" upon successful completion of probation. It does not remove the conviction from your rap sheet but adds a notation that the case was dismissed after the fact. It's a one page form generally available online or at the courthouse. Best of luck.

There are two issues here. Your arrest record and record of conviction. Your "rap" sheet typically involves your arrest record. You would have had to have charges dismissed or not filed to get the arrest off your record. You can technically apply to have your conviction dismissed pursuant to 1203.4 now with a motion for early termination of probation. Those are your options. If you need additional assistance many of us on offer free consults.

Just to add to what the other attorneys have said, there has been recent changes in the law regarding expungements that make them more valuable. Since January of 2014 an employer or prospective employer cannot use a criminal charge that has been expunged to deny someone employment or to penalize them should they presently be employed. Furthermore, when you apply for a job you can honestly say that you have never been convicted of a crime. The only exception is that if you apply for any licensure you must be sure to let the agency know that you did have a criminal conviction.

I agree with Kevin on the 1203.4 steps; he is on point. Excellent advice. I have a funky idea: I see you are in Los Angeles. LA has a new post-plea diversion pilot program outlined in PC 1001.94; if you would have otherwise been eligible to trigger this diversionary scheme when you plead, then we could try something a little unorthodox here - ask the court to modify his or her previous summary probation orders "nunc pro tunc" (i.e. make it as if summary probation was never ordered from a fictitious legal standpoint) and "defer" sentencing per PC 1001.94(b) such that you could withdraw your no contest plea and enjoy a dismissal (PC 1001.96(a)) all in one court appearance. This is legal because when a court places you on summary probation, they typically "suspend" the "imposition of sentence" and here we are asking the court to merely "defer" the imposition of sentence. I admit, this is probably a long shot because some DAs may get a little nervous about going outside the box; but, you could certainly argue that you did two years probation like an angel - that exceeds the one year diversionary "supervision" cap under PC 1001.94(b), so why not hook me up, your honor? The benefits of a diversion dismissal versus a 1203.4 is another, separate topic.

Go to the court's website and look under forms. Type in Penal COde Section 1203.4. If the wesite has it a packet will appear explaining how to get your case expunged and dismissed. you can fill out the attached forms and download it. Then print it out and sign it and bring it to the court and file it. Their may be a filing fee so if you can't afford it let the court clerk know and she should give you the appropriate form to fill out to get the filing fee waived. Then wait a few weeks for the court to contact you to let you know if your motion was granted denied, granted or if the court is setting a hearing on the matter. It is important for you to know that getting an expungement does not totally clear up your record. You would still have to acknowledge the conviction if you were filling out a federal or state or local government application , particularly if the application is under penalty of perjury. You would then admit the conviction but tell them that it was dismissed and expunged, sending an attached copy of the paperwork. In a private application you could omit the conviction unless, signing the application is under penalty of perjury. There is an additional alternative. After the completion of your probation and an appropriate waiting period, you could apply for a governor's pardon which ttally clears your record and gets you a cetificate of rehabilitation. But you need to look at the statute to determine what you need to do. There is a residency requirement in California for you to qualify for a pardon. Goos Luck.