I was arrested in 2007 for a felony which was dropped to a misdemeanor and I received 3 years probation. After probation I was eligible to file for an expungement 1203.4 PC which was granted. I would frequently go to the court website and see that after my expungement my guilty plea was changed to a not guilty plea and the case was dismissed. However, I just went on the website last night and I saw all my old traffic infractions were still there, but the case from 2007 that was expunged is actually no longer on the court website. I even tried searching it by case number and nothing comes up. Does the court delete the arrest record after so many years after expungement? I still have all my paperwork from the arrest, but nothing is on the website.
Administrative Law Lawyer
The court web-site is not your criminal record. Your criminal record is maintained by the CA Dept of Justice. You can order a copy at any Live Scan outlet for just few dollars. Use Google to find an outlet -- there are hundreds.
Your prior offense would not ordinarily disappear from your record. The fact of the arrest, charges, result (conviction by plea), sentence, completion of probation, and post-conviction dismissal would all ordinarily be entered on your D of J report.
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Criminal Defense Attorney
As usual, Ms. McCall has the right answer - concise and to the point.
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Criminal Defense Attorney
Ms. McCall is correct. You need a live scan criminal hisotry to verify this. You can go to www.ag.ca.gov to find a location near you. However. you should understand a couple things. First under CA Penal Code 1203.4 (b), infractions are not eligible for expungement, so they will remain. Also, under 1203.4 gets your case to show up as "dismissed" or disappears completely from your criminal history. Arrest records are a different story and a more complicated explanation. Arrests don't get expunged or dismissed, they only get "sealed and destroyed" pursuant to 851.8 of the Penal Code after a procedure totally different from 1203.4. Under the facts of your case, you aren't eligibie for relief under 851.8
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
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