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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28318
Experience:  10+ years defending Misdemeanor and Felony cases.
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A family member plead guilty to California Penal Code 273.5

Customer Question

A family member plead guilty to California Penal Code 273.5 over eleven years ago on the adivise of their lawyer. There has been no other unlawful behavior since that conviction. This misdeanor keeps coming up on the livescan for job interviews. Is there anyway to get it off his record? This is effecting his ability to make a living. Does it matter that his life has been exemplary since that one mistake? Or is this just a lifetime consequence?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

You are eligible for dismissal of a conviction, and the court will dismiss
your conviction, if:

  • You received probation for that conviction and:

    1. You successfully completed probation or obtained early release,
    2. You also have paid all the fines, restitution, and reimbursements ordered by
      the court as part of your sentence,
    3. You are not currently serving another sentence or on probation for another
      offense, AND
    4. You are not currently charged with another offense.

  • You never received probation and:

    1. Your conviction was a misdemeanor,
    2. It has been at least one year since the date you were convicted,
    3. You have complied fully with the sentence of the court,
    4. You are not currently serving another sentence,
    5. You are not currently charged with another offense, AND
    6. You have obeyed the law and lived an honest and upright life since the time
      of your conviction.

You are eligible for a dismissal and the court has the discretion (choice) to
grant you that dismissal if:

  • You received probation but you did not get an early release, did not fulfill
    all the conditions of probation, or were convicted of any offense listed in Vehicle
    Code 12810(a) to (e)

    1. You have paid all the fines, restitution, and reimbursements ordered by the
      court as part of your sentence, AND
    2. You are not currently charged with, on probation for, or serving a sentence
      on any other offense.

  • It's up to the court to decide if your conviction should be dismissed, so
    make sure to give as much helpful information as possible to convince the court
    that granting you a dismissal is in the interests of justice.

If you were convicted of any of the following offenses you are not eligible
for a dismissal under Penal code section 1203.4(a):

  • Any misdemeanor within the provisions of Vehicle Code section 42001(b).
  • Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j).
  • A felony under Penal Code section 261.5(d).
  • Any infraction

Once all of your convictions have been dismissed:

  1. Applying for private employment: Under most circumstances, private
    employers cannot ask you about any convictions dismissed under Penal Code
    §1203.4. So, when applying for a job in the private sector, you generally do not
    have to disclose a conviction if it was dismissed or expunged. But, it is a good
    idea to read the Penal
    Code §1203.4
    This is an external link. Click this icon for our external linking policy., the California Code Regs
    This is an external link. Click this icon for our external linking policy., and/or talk to the public
    defender in your county if you have questions about your rights and obligations
    regarding past convictions when applying for a job. Click here This is an external link. Click this icon for our external linking policy. to find the public defender.
  2. Applying for government employment or a government license: On
    questions by Government Employers or Government Licensing Applications if
    you are asked if you have ever been convicted of a crime, you MUST respond with
    "YES-CONVICTION DISMISSED." In California, government employers and licensing
    agencies (except for police agencies and concessionaire licensing boards), will
    treat you the same as if you had never been convicted of any crime.
  3. You will not be allowed to own or possess a firearm until you would
    otherwise be able to do so.
  4. Your dismissed conviction(s) can still be used to increase your punishment
    in future criminal cases.
  5. Your prior conviction(s) can still affect your driving privileges.
  6. If you have been required to register as a sex offender as a result of a
    conviction, you have to make a different motion to the court in order to be
    relieved of this requirement. A dismissal will not relieve you of your duty to
    register as a sex offender. Your status as a registered sex offender will
    continue to be available to the public on the internet under Megan's Law.
  7. If your conviction prohibited you from holding public office, you still
    cannot hold public office after that conviction is dismissed.
Customer: replied 6 years ago.

This information I all ready new, but we were told this can not be expunged. Is that true?

Expert:  CrimDefense replied 6 years ago.

Was this reduced to a misdemeanor? What was the outcome? Jail, probation? Was he/she convicted?

Customer: replied 6 years ago.

Plead guilty to a misdemeanor in 1999, on the advice of the lawyer. Served community service, and went to anger management classes. Has had no other convictions or occurances of disobiediance of the law since that time. Can it be sealed, so he will not have to put it on job applications anymore. It is coming up on LiveScan and is effecting his ability to get a job.


Expert:  CrimDefense replied 6 years ago.
Yes, she can try and expunge it from her record. However, even if it is done, it can still be viewed by police, military and jobs involving children or the elderly.
CrimDefense and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
So what I understand you saying, is that it will forever be on his record? Even though it has been over 11 years. He is a school psychologist. Will he forever have to put on his applications that he was convicted of a misdemeanor? There is no way to have it completely removed?
Expert:  CrimDefense replied 6 years ago.
It will never be completely hidden. If he works for a school, it would likely still appear on his back ground check since he works with students/children.
Customer: replied 6 years ago.

Is is possible to have the guilty plea changed even though it has been over 11 years? I can't believe there is NOTHING that can be done and that this will follow him FOREVER. He pled guilty on bad advice from a lawyer, who 11 years ago, said no one will see this convictions....there was no internet...and now EVERYONE can see it. Is there anyway to overturn the conviction?

Expert:  CrimDefense replied 6 years ago.
You would have to file a motion to vacate it. There needs to be a legal basis for the court to open the case and change the plea. The court is just not going to do it without any reason.
Customer: replied 6 years ago.
What kind of reasons would there be to vacate a conviction? Poor advice from a lawyer is not a reason? If he was not guilty?
Expert:  CrimDefense replied 6 years ago.
Ineffective assistance of counsel would be a basis. However, if he was not guilty, then he should have gone to trial. You said he took the plea based upon the fact that the lawyer told him nobody would see it, not because he was innocent.