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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12573
Experience:  Attorney
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Thank you so much for your help. Do you know if I will be able

Resolved Question:

Thank you so much for your help. Do you know if I will be able to expunge this misdemeanor, and possible how long does it have to be on my record before I can expunge it?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 5 years ago.
Hello again:

Misdemeanor convictions may not be expunged in California, but once the probationary period is completed, it is possible to get the conviction set-aside and dismissed pursuant to California Penal Code sec. 1203.4. After that, with a few exceptions (such as applying for law enforcement employment), you can answer to anyone inquiring that you have no record of conviction.
Customer: replied 5 years ago.
ok thank you. I spoke with an officer today on the phone who did not mention a probationary period, but said that i will likely get fined and possibly assigned community service. he also said that there is a chance i might have my license suspended for a minumum of 6 months, do you know what is the possibility of that happening? (having my license suspended).
also, if i am asked on a job application "have you ever been convicted of a crime?" would that be a yes?
and also, does this affect my driver's insurance payments in any way? (like for example with a traffic ticket, your insurance might go up...)
Expert:  Brandon M. replied 5 years ago.
How old are were you at the time of the citation?
Customer: replied 5 years ago.
the citation recently occured in november, i am 20 years old
Expert:  Brandon M. replied 5 years ago.
Since we discussed having the ID for the "getting beer" scenario, I should have thought to ask about your age previously. The officer is basically correct. Possessing a fake ID under the age of 21, upon conviction, will result in a driver's license suspension of up to one year. I mentioned that jail time would be unlikely under most circumstances, especially for a first-offense, but 24 hours of community service would be common. I believe that I mentioned a maximum fine of $1,000, though a fine in the $250-$500 range is more likely, and an unsupervised probationary period of 6 months to 2 years would be normal, with a 1 year unsupervised probationary period being typical in most counties.

You asked two other questions:

1. "also, if i am asked on a job application "have you ever been convicted of a crime?" would that be a yes?"

A. Yes, unless/until you get a 1203.4 dismissal.

2. "and also, does this affect my driver's insurance payments in any way? (like for example with a traffic ticket, your insurance might go up...) "

A. No.
Customer: replied 5 years ago.
can you clarify what upon conviction means? when it is time for my court date i plan on pleading guilty, does that mean i will automatically be convicted? and is it 100 % certain that i will get my license taken away for up to a year? the police officer that i spoke to on the phone today said there is a chance that the police officer who issued me the ticket might not have reported the misdemeanor to the dmv, and i quote "might have gotten lucky", is that possible, or is automatically 100% that my license will be taken away?
Expert:  Brandon M. replied 5 years ago.
A conviction is a finding by the court that you are guilty, and a plea of guilty will result in a finding that you are guilty. Thus, if you plead guilty, you will be convicted---likely within 10 seconds of the guilty plea.

It is always possible that there would be an administrative error with regard to the driver's license issue, but that is not a realistic cause for hope. You should expect to have your license suspended, so plan accordingly.
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