Do I need to have a felony conviction expunged if the conviction was set asideand dismissed?

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Do I need to have a felony conviction expunged if the conviction was set asideand dismissed?

I am unsure as I review my criminal record and probation report if I need to have this case expunged. It states that the conviction was a felony set aside anddismissed per 1203.4 PC with early dismissal from probation. A simultaneous case, also for possession of narcotics is on my record, dispo: convicted, without stating set aside and dismissed. Do I seek expungement for this case only, or both? These cases are from 1997; both cases were handled simultaneously.

Asked on August 22, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While California's law regarding expungement of a criminal record seems to be very broad, allowing expungement for any type of offense - misdemeanor, felony, etc., - I would strongly suggest that you seek help from an attorney in your area as to whether or not you qualify.  You situation seems to hit on some of the key points discussed in the statute as allowable for expungement - felony set aside, early dismissal from probation, etc., - but you are correct that the other case will have an impact on what can do and if it will also qualify.  California is also specific in noting that you still have an obligation to "disclose t the conviction in response to any direct question t contained in any questionnaire or application for t public office, for licensure by any state or local t agency, or for contracting with the California State t Lottery."  Good luck.


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