How do I file papers to have a misdemeanor record sealed in the state of california?
Country relating to Question: United States
State (if USA): California
file a petition for relief
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You were convicted of a Misdemeanor and have successfully completed probation.
File a petition to have the conviction dismissed.
File a Pen. Code, § 1203.4 petition for Expungement.
You were convicted of a misdemeanor or infraction and were never given any probation at all.
File a Pen. Code, § 1203.4a petition for expungement.
Follow those directions you recieve remember that you will need to mail (or deliver in person) your filing materials to the clerk of the superior court for the county where you were convicted, not where you live now.
Include supportive materials such as:
Letters of support (such as from employer, clergy, place where you volunteer, etc.)
School diplomas or transcripts if you have recently gone to school
At the time you file your papers, the clerk will set a hearing date - so be sure to show up!
Good luck! You can read more here.
That did not answer my question as I have already filed a petition for relief / dismissal (which I indicated in the initial question). My question is how to seal and or expunge the records permanently? Thank you, Mark
Hi Mark, I am so sorry, I thought your post meant you ALREADY TRIED to file, but that you didn't succeed. And unfortunately, I think you are misinformed. California dismissal IS their method of 'expungment' of the conviction, because the record is changed to show dismissal, rather than the prior conviction. They do NOT seal them unless the person was a juvenile. They change it, i.e. "expunge" the reference to conviction, changing it to dismissal. I realize that you likely won't like this reality, but I am duty bound to be honest with you as pertains to the law. I ask that you don't rate me poorly due to the law on this one. I can't change it :(
19+ Years of Legal Practice in Criminal Law.
Does the term "seal" exist as a definition in the law that is different than "dismiss, relieve or expunge"? Trying to be more precise is there a vehicle where the record may be entirely eliminated from the system. My son was a teenager when he made this violation. Will it always remain on his record?
Hi again, and thank you for your follow up. The words are often used interchangeably, at least "seal" and expunge" are and usually means the records are unavailable for all but some agengies, such as law enforcement. Dismissal is a bit different - it usually refers to the actual charges - dismissed - but doesn't hide that there were charges and they were dismissed. The good news you shared was that you were referring to a juvenile. Juvenile records CAN be sealed after the person turns 18:http://law.onecle.com/california/welfare/781.htmlTypically you can ask your county court clerk for a petition and instructions. Here is Los Angeles specific explanation of what occurs, and how to do so - but each county sometimes has its own local differences so if you can, get your own county's rules.I hope this helps, and I am happy to hear you are referring to a child (at least when the acts occurred). I hope this clarifies and I wish you the best. Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT side of the choices. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer. Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S. Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here. You can ask for me directly in the future by starting your post with "To Alexia Esq." Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.
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