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If he was convicted of an infraction, a misdemeanor
, or a felony and was not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation, he can petition for a dismissal.
If he petitions for a dismissal, the court may withdraw the verdict of guilt and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, he is no longer considered convicted of the offense. His record will be changed to show a dismissal rather than a conviction.
Also, most private employers use CRAs to pull criminal
reports. California limits the length of time a conviction can show on a CRA to 7 years. Therefore, his conviction may have recently come off or will come off soon.
Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, after his dismissal, he will generally not have to disclose a conviction if it was dismissed.
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