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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is this a paid service? california, yes. i've gone through

Customer Question

is this a paid service?
JA: In what state did this occur?
Customer: california
JA: Have you talked to a laywer yet?
Customer: yes. i've gone through informal probabtion and had charges dismissed, but it is not like expunging and will always show on doj fingerprint check
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Criminal Law
Customer: replied 3 months ago.
I'm finding that this is affecting my job search. incidents were due to alcohol abuse at the time. fortunately, my daughter was not harmed.
Expert:  Zoey_ JD replied 3 months ago.

Hello,

Unfortunately, California will not remove this sort of a dismissal from your record. The only way California ever will remove an arrest record is via 851.8 PC, which requires that you have never been convicted. So, unfortunately, the dismissal is going to have to stand.

On the other hand, a dismissal is not a conviction and California is one of a minority of states that only looks back 7 years on an employment check. So eventually, you should be able to rise above your record.

Customer: replied 3 months ago.
This was 14 years ago. my problem is that certain jobs require fingerprinting and the doj does not erase the record for anytime you have been arrested and fingerprinted
Expert:  Zoey_ JD replied 3 months ago.

Unfortunately, there are no further provisions in California law to seal an arrest record. I'd love to be able to tell you what you want to hear, but with a dismissed conviction, PC 851.8 is closed to you, and there is nothing you can do.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.