I was granted dismissal, but i was unsure if a dismissal is the same as an expungement? Is there an way to clear my record?

Asked 9 months ago - El Cajon, CA

The court document states that i was granted relief under Pen. Code 1203.4, but I was unsure if a dismissal and an expungement meant the same thing in California or if they were different.

Attorney answers (7)

  1. Daniel C Grupenhagen

    Contributor Level 15

    7

    Lawyers agree

    Answered . PC 1203.4 is a dismissal. However, a dismissal after a conviction. Read the statute, it is beneficial for employment in the private sector, but a public entity or professional license will regard it as a conviction. It is not an eraser but does have some value.

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  2. Christine C McCall

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . This is an issue where California's law is somewhat different from the law in other states. California law does not offer true "expungement" in the nature of erasure or deletion of adult conviction records. The post-conviction dismissal you obtained is all that is available under California law unless you obtain a court order determining that you are factually innocent -- an order that requires you to meet a very high factual standard distinct from the issues of P. C. 1203.4 dismissal.

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  3. William Peter Daley

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . It should be the same, best that you confirm with the attorney who assisted you with this as they can give you the best and most accurate info since they made the request in the motion/petition that was filed with the court. My bet is it was definitely an expungement.

    William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com
  4. Michael Stewart Phillips

    Contributor Level 14

    2

    Lawyers agree

    Answered . Grupenhagen got it. You were expunged, not quite as good as dismissed prior to conviction.

  5. David Philip Shapiro

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . It appears you obtained the best, post-conviction, relief/dismissal you could have hoped for. Always double check with your attorney!

  6. Kevin H. Pate

    Contributor Level 20

    2

    Lawyers agree

    Answered . As you are uncertain, communicating with your counsel at the time would be a great idea for you.

  7. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is unlikely that they are one and the same. I would hire a criminal defense attorney in order to file to expunge the records.

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