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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 588
Experience:  Criminal Defense and Family law Attorney serving California statewide
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im a registerd drug offender.I had my case exsponged,am i still

Customer Question

im a registerd drug offender.I had my case exsponged,am i still a offender for the 5 years
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
so am i or not
Customer: replied 2 years ago.
Relist: Answer quality.
would like in lay english
Expert:  AttyCBradford replied 2 years ago.
Hello, when you said that you had it expunged there are different levels!


Please be advised that a California record expungement does not “erase” a criminal conviction. Instead, the expungement updates the record of conviction to reflect that the guilty plea has been withdrawn; a “not guilty” plea has been entered in its place, probation is terminated, and the case has been dismissed. What all of this means is that if someone does a background check on you, even after an expungement, they still may see that the conviction did take place. The benefit of the expungement is that they will also see that the charge was expunged.

In an application for a state license, for public office, or for contracting with the state lottery, if you are asked whether you’ve been convicted of a crime, you must disclose any criminal convictions, even if the convictions have been expunged. California law also makes it illegal to own, use, or possess a firearm after a felony conviction and after certain misdemeanor convictions. An expungement does not relive the convicted person of this prohibition. If you are convicted of crimes in the future, the court can impose stiffer sentences because of the prior record. Generally, an expungement does not prevent a conviction from still being used as a “prior” for this purpose.

An expungement does not relive a convicted sex offender in California of the duty to register under California Penal Code §290.

You are eligible to have a felony or misdemeanor criminal record expunged in California if you were:

1. granted probation, and
2. successfully completed probation, and
3. you are not currently charged with a criminal offense, on probation for a criminal offense, or presently in custody.

You are not eligible if you have been to state prison, or convicted under Penal Code §§ 286(c), 288, 288a(c), or 261.5(d).

If you were convicted of a felony our office strongly advises you to petition the court to reduce your felony charge to a misdemeanor before proceeding with the expungement process. While it is possible to outright expunge a felony record, an “expunged misdemeanor” is better than an “expunged felony” because it preserves certain rights and benefits that can be denied to an ex-felon.

If you completed a drug offender program, then you do not have to register anymore but you will still need to disclose the information on a government application.
Customer: replied 2 years ago.
im a registerd drug offender. i had a misdemeaner expunged under section 1203.4,am i still a registerd drug offender. my local police say yes for 5 years,
Expert:  AttyCBradford replied 2 years ago.
Yes, you must continue your registration as a drug offender for 5 years. An expungement does not terminate this prohibition
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 588
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and 7 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
what does the 3rd paragraph of section 11594 which says nothing in this section shall be conscured to conflict with provisions of section 1203.4 concerning termanation and release from penalties disabilities of probation
Expert:  AttyCBradford replied 2 years ago.
It means that nothing that the terms of your probation cannot conflict, this is generally your situation or sex offenders, when there is a registry requirement. You have to continue your registration requirement for 5 years
Customer: replied 2 years ago.
you said if i completed a drug offender progam i dont have to register,a program was not imposed on me.my conviction was a misdemeaner maiyauna offence.then you said i had to register,which is it?
Expert:  AttyCBradford replied 2 years ago.
Well if you weren't given the option for a drug program, then you wouldn't have that option. Since it was a misdemeanor offense you will have to continue your registration requirements as you have been advised by your local PD

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