how do i know if the misdemeanor i have is showing on my background

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how do i know if the misdemeanor i have is showing on my background

i was charged with commercial burglary the judge said he was going to drop the felony to a misdemeanor, but for specific reasons what king of misdemeanor would it be? and how long is it till it shows on my background? i still have to go back and show proof of me completing community service and court, restitution fees paid.

Asked on June 25, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

PC Section459/460 (b) is referred to as “Commercial Burglary” or “Second Degree Burglary”, this theft offense is a "wobbler", which means that it can may be charged as a misdemeanor or a felony.  If charged as a misdemeanor the maximum punishment is one year in county jail.   

As for how long it remains on your record the answer is forever unless you get an "expungment", which is a legal procedure that essentially clears your record.  Expungement can take many forms.  The relief available will depend on the type of conviction (misdemeanor, felony, or "wobbler"), the type of sentence received (probation with or without jail time, state prison), the age of the offender (juvenile or adult), and whether a claim for factual innocence can be made out.

The most common type of expungement relief available in California is authorized by California Penal Code Section 1203.4.  This section applies in any case in which probation was granted, whether misdemeanor, wobbler, or felony. If probation is successfully completed, the defendant may be able to have the criminal conviction expunged, if all other criteria are met.

The other criteria is set forth in the statute itself: the person seeking expungement must determine that the petitioner is not (a) serving a sentence of any offense, (b) on probation for any offense, or (c) charged with the commission of any offense.  If any of these three things are happening, the petition for relief will be summarily denied.


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