Dismiss Charges – Expungement
When it comes to the future of our clients, an expungement is an important part of the rebuilding process. Many believe that a “fresh start” begins with a “clear record”. Let us look into the possibility of expunging those old criminal convictions that remain on your record. Since it’s not always possible to get a criminal conviction dismissed, we’ll review each prior individually to determine whether or not an expungement is possible. If you were convicted by a judge or jury; or even if you entered into a plea bargain, you need an attorney who will look out for your future and fight to clear the convictions from your record so that you can get your life back to normal as soon as possible.
To many people, clearing their record is extremely important, especially when it comes to employment or planning a career. After a successful expungement, the entry on your record will show a dismissal of the case and charges filed against you.
Penal Code Section 1203.4(a)(1) (1203.4 PC)
1203.4. (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, 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 in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
Vehicle Code Section 13555
A termination of probation and dismissal of charges pursuant to Section 1203.4 or a dismissal of charges pursuant to Section 1203.4 (a) of the Penal Code does not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle under this chapter. Such person’s prior conviction shall be considered a conviction for the purpose of revoking or suspending or otherwise limiting such privilege on the ground of two or more convictions.
The defendant who pleads nolo contendere submits for a Judgment fixing a fine or sentence the same as if he or she had pleaded guilty. The difference is that a plea of nolo contendere cannot later be used to prove wrongdoing in a civil suit for monetary damages, but a plea of guilty can. Nolo contendere is especially popular in antitrust actions, such as price-fixing cases, where it is very likely that civil actions for treble damages will be started after the defendant has been successfully prosecuted.
NOTE** A plea of nolo contendere may be entered only with the permission of the court, and the court generally will accept it only after weighing its effect on the parties, the public, and the administration of justice.
CLEAN UP YOUR RECORD 1203.4(a)(b)
The attorneys at My Rights Law Group – Criminal & DUI Attorneys are committed to helping individuals who were convicted of a crime in the past but have completed all the terms and conditions ordered by the court and are now ready to start clean, which includes a clearing up any criminal convictions on their record. Many people have the misconception that an expungement removes criminal convictions from their record, it doesn’t hide the fact that you were charged in a crime, it does change the outcome of that case to one that shows the matter, “Dismissed” and that could mean the difference between being offered a job and not being passed up for a position.
If you’ve successfully completed all the terms and conditions required of you, then now may be the time to clear your name and record, once and for all. Start re-building your life and future, give us a call and speak with an expungement attorney today.