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Expungement of Criminal Convictions in California

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. For more information,
please refer to Penal Code 1203.4.

Matthew J. Ruff is an Attorney in Los Angeles practicing Criminal Defense

Article Source:

www.mnwildlifelaw.com Minnesota Wildlife Law Attorney Bill Peterson discusses the loss of hunting rights due to a criminal conviction.

Question by yasminsid: can you cross the border with a criminal conviction?
Can you cross the Canadian border with a misdemeanor criminal conviction in the US? What if you need to go Canada for a family emergency or other important reason?

Best answer:

Answer by sishakara
be honest up front or prepare for a plate of trouble.

What do you think? Answer below!
51 pc companies in US hire people with criminal record: Survey
New York: Contrary to perception that having a criminal record can impede chances of getting a job, more than half (51 per cent) of the companies in the US have hired such people, a new survey has said. Also, hiring managers at nearly two-third of the …
Read more on IBNLive

Civil Death In New York State: How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People.

Civil Death In New York State: How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People.

Civil Death Policies are Federal and State laws that restrict or prevent formerly convicted people from enjoying many of the rights and privileges of the rest of society. It is estimated that there are over 16 Million formerly convicted people in the United States. This number grows by almost 1 Million every two years, with no end in sight due to our nations economic problems. Most employers check the criminal backgrounds of potential employees. With the advancement of information technology, th

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8 Responses to “Expungement of Criminal Convictions in California”

  • lmclear4:

    I think it all depends on what the conviction is. My brother in law had to pay like $ 200 to cross the border last year because of his DUI.

  • Dwight S:

    Yes, you can cross the border for a limited-time visit. The border guards do not check criminal records for people simply crossing the border unless there is a reason to suspect the person (of potential terrorism or something similar).

    However, you will likely be rejected if you attempt to immigrate into Canada (a criminal background check is a routine part of that process).

  • JuanB:

    It depends on the details.

    If the crime was before you were 18, it won’t matter.

    If it was 5 years ago or more you apply to be deemed rehabilitated.

    If it was within the last 5 years, you apply for a Temporary Residents Visa on compassionate grounds.

    Here is the details on how to go about each in the link.

  • dangrunert2002:

    You have a good question there. For starters its good to know what your conviction is…. as you write misdemeanor I believe that is the lesser convictions correct? Like a speeding ticket? And Felonies are your murders and what not. In Canada Summary Convictions are your misdemeanor and Inditable is your Felonies. Anyway if you have summary convictions like speeding tickets or what not you can most likely get in unless their is a bench warrent on you then their might be some issues..

    Hope that helps

  • dkitty_154:

    Wow alot of these answers are wrong!

    Okay, yes you can cross if: Your conviction has was more then 5 years ago and you have not been charged criminaly with anything else since.

    My boyfriend and I went all through this. To correct the one answer.. the opposite country DOES check you’re criminal record and CAN. Now, they may not though. If they ask you,”Do you have a criminal record?” and you say yes, they are going to make you come in & wait while your car gets searched and they make you empty all your pockets & wait while they look up your record.

    If they don’t ask… bonus. I actually crossed over today to go shopping and they didn’t ask. Everytime you cross they’ll ask you different questions.

    Now, if you have been convicted of something within the past 3 years I would highly suggest you DO NOT try to cross over. This is the mistake my boyfriend and I made. Becuase he tried to cross for him to enter the states he has to apply for permission which costs about $ 400CDN, 6-12 months of paperwork waiting and he has to have a specific date he wishes to cross. He’s not just allowed to go whenever he wants if he is granted permission. Not only that they took a picture of him & figerprinted
    him while we were there.

    Here are two questions as to what I was talking about for applying for permission:

    How long will it take to get a decision on my application for rehabilitation?

    Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

    How much are the processing fees to apply for rehabilitation?

    The application fee for rehabilitation is either $ 200 or $ 1,000 (Canadian dollars) depending on whether, due to the seriousness of the criminal act or conviction, authority from the Minister is required.

    If you have anymore questions I would suggest you contact the closest Canadian Customs/Border Services Agency.

  • LC:

    It depends on two things.
    One: if they pull you inside for a more indept inspection and if so be honest about your criminal pass that will be in your favor later if your denied and apply for a criminal pass.
    Two: depends on the criminal conviction.

  • Jay A:

    yes you can, but bear in mind that some things that are a misdemeanor in the US are a felony in canada, such as DUI.

  • I Am Real "Shawn A":
    1 of 1 people found the following review helpful
    5.0 out of 5 stars
    Informative, January 11, 2010
    I Am Real “Shawn A” (Charleston, SC USA) –

    This review is from: Civil Death In New York State: How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People. (Paperback)

    I am so ecstatic about what Eric has pointed out in his book; this is a sensitive subject that has been evaded for much too long. How can ex-convicts, who have a positive mindset to own up to their responsibilities as honest citizens, prosper if they are constantly reminded that they are not honorable enough to reach this accomplishment…isn’t that just defeating the whole purpose of the jail system’s goal of REHABILITATION! You have to honestly ask yourself what other options would you have in that situation if you had no one to believe in you…how will you survive?? It’s time that we (as a people) STOP convicting people for their past experiences and consider that if we gave someone a chance, they can be that positive force for the next man…THINK ABOUT IT!

    Help other customers find the most helpful reviews 

    Was this review helpful to you? Yes

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