Sounds like you need an expungement. This is actually something that you can do yourself (you can get the packet from the clerk's office) but it's obviously better if you get an attorney to do it for you.

Answer Applies to: California
Replied: 8/21/2011

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File a Petition for Dismissal with the court to re-open, set aside the plea, and dismiss the case. To qualify for expungement, the you must have completed your probation, paid all fines and restitution, not been sentenced to state prison for the crime, and not currently charged with a crime. Expungement will not erase your criminal record; the finding of guilt will be changed to a dismissal. You then can honestly and legally answer that you have not been convicted of that crime.

Answer Applies to: California
Replied: 8/20/2011

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You need to schedule a conference with a certified criminal law specialist. Most will give you a complimentary first appointment for up to a half an hour. You are likely to be eligible for an expungment (PC 1203.4). The procedure you are referring to a petition for factual innocence which is not possible after you plead guilty or no contest and is very hard to obtain in any event. There are also time limitations on applying for one which you may have missed.

Answer Applies to: California
Replied: 8/20/2011

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You were convicted of a Business and Professions code section, not the Penal Code. No contest is the same guilty. You dont clear your record. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Answer Applies to: California
Replied: 8/19/2011

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You won't be able to have your record sealed pursuant to PC section 851.8 but you can have it dismissed/expunged pursuant to PC section 203.4 upon completion of probation. Contact an attorney to further discuss the process.

Answer Applies to: California
Replied: 8/19/2011

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You may ask a court to terminate your probation early. But the court may decline to do so. You may also ask a court to expunge your record once you have successfully completed probation. Your record will always show the arrest and conviction.

Answer Applies to: California
Replied: 8/19/2011

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The form you need to file is the 1203.4 form. But you cannot file it until after you have completed probation with no violations.

Answer Applies to: California
Replied: 8/19/2011

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851.8 is not applicable. Only if you were factually innocent. ie. guy is arrested with 3 oz marijuana. He has a medical marijuana recommendation. Case will be dumped AND then you can get an 851.8 as there never was a crime since he had a complete defense. If you plead that's the end. Look at PC 1203.4 as the only way to expunge a conviction. The trouble with the expungement section 1203.4 is that it really doesn't do much. It allows you to state you have never been convicted but the conviction still shows on the record and following it, it says, relief obtained pursuant to 1203.4 In the old days employers would pay a cop $50 for the rap sheet. That is now illegal but most places, when you apply, require you to give them permission to get your rep sheet. Some places don't. If you get the job and LATER they discover the conviction and try to fire you for lying on the application, they can't. That's about the only benefit of 1203.4

Answer Applies to: California
Replied: 8/19/2011

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You must first complete probation first before you can petition for expungement. Another option is to terminate probation early. Either way you'll need an attorney to help you with these things.

Answer Applies to: California
Replied: 8/19/2011

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You cannot prevail by way of an 851.8 motion because a no contest plea is the same as a guilty plea for the purposes of PC 851.8 and you have to be "factually innocent" to prevail. Your other legal options would be to retain a lawyer to file a 1203.03 motion for you to terminate your probation early and then you could file a 1203.4 motion to expunge your record.

Answer Applies to: California
Replied: 8/19/2011

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.

An 851.8 is for people who were arrested for the commission of a crime but charges were never filed. Since you plead no contest I'm assuming charges were filed. You can file a 1203.4 motion to dismiss your case however, a judge is not likely to grant the motion if you have not yet completed the terms of your probation. You can petition for an early termination of probation if you've completed about 85% of your term.

Answer Applies to: California
Replied: 8/19/2011

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.

There is no California law that can purge the conviction. You cannot file an 851.8 because you entered a plea of no contest which is the same as guilt and as such, you would not be deemed "factually innocent". You can seek a motion to MODIFY your probation seeking early termination of probation. If granted, you can file a 1203.4 which is a Motion to Set Aside the conviction and have the case dismissed. Understand however that this will remain on your record.

Answer Applies to: California
Replied: 8/19/2011

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.