If one wants to expunge his/her prior felony conviction you will need to be free of any new charges, all fines paid and be off probation. If you are still on probation it would require at least 18-24 months of successful probation and a compelling reason for the expungement. I agree with you, you need to get the felony reduced and expunged in order to get a good job.

Answer Applies to: California
Replied: 9/18/2011

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If you served time in state prison on your felony you do not qualified for an expungement. You can apply to the Superior Court to receive a Certificate of Rehabilitation. To qualify for this you have to have lived in California for at least seven years after completing your parole. Of the court grants youre a request for a pardon will be sent to the governor.

Answer Applies to: California
Replied: 9/17/2011

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You need to hire a lawyer to do a 17b motion to reduce the felony to the misdemeanor. If granted, then the lawyer can proceed to petition for expungement. Of course, you must be eligible first, so you must have successfully completed probation (if it was granted), and you must have nothing criminal pending, and not be on probation for any other crime.

Answer Applies to: California
Replied: 9/17/2011

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Generally, you can expunge your criminal record in California if (1) you successfully completed your probation; (2) no criminal charges are pending against you; and (3) you were not sentenced to state prison. Although this general rule applies to most misdemeanor and felony offenses, there are criminal offenses in California that cannot be expunged, such as sex offenses involving children, domestic violence offenses or violent crimes. If you meet the above, as well as the other eligibility requirements, you or your criminal defense attorney may file a petition to expunge your criminal record; to reduce a felony to a misdemeanor, if the felony offense is a wobbler; and/or to expunge your conviction.

Answer Applies to: California
Replied: 9/16/2011

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This is a common question, here are the basic steps to expunge your record. 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above. It is important to understand that have a felony conviction isn't that bad. Many companies and government agencies do not care if you have a felony.

Answer Applies to: California
Replied: 9/16/2011

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Google California Penal Code and look at 1203.4 which tells youabout expungement. I THINK the clerks in court have a form but I am not sure. Unfortunately, getting an expungement really doesn't do much for you. Many employers require you to sign a waiver letting them get your rap sheet and this will still show though under the conviction it will say "relief granted pursuant to PC 1203.4.Let me know what the felony was. If it was for a crime called a "wobbler" (it can be chargedeither as a felony or misdemeanor) once you are off probation you can get it reduced to a misdemeanor and then expunged.That's a little better.

Answer Applies to: California
Replied: 9/16/2011

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It is possible to get certain felonies expunged. I have done this successfully.

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can find the link for a form for an expungement on most court web sites. See court forms or similar heading. Expungement. Not a cure for the problem. The fact of the arrest and conviction remain on your "record" forever. You must tell a goverment agency whether hiring or issuing a license to pursue a vocation about the conviction anyway. If you went to prison as a result of the felony conviction, an expungement is not available.

Answer Applies to: California
Replied: 9/16/2011

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Assuming you are in CA. You must file for a 1203.4 petition. It doesn't actually seal your case, it rather dismisses your felony. This all depends on what you were found guilty of (which penal code).

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Assuming you didn't get sentenced to state prison, you can petition for what's called an expungement (it's technically a dismissal under Penal Code section 1203.4) so that you don't have to disclose the conviction to most private employers. If you were sentenced to state prison, you are not eligible for this dismissal and the only remedy you have is a certificate of rehabilitation and a pardon from the Governor (which are rarely granted).

Answer Applies to: California
Replied: 9/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.