Skip to main content

What happens to your record after expungement?

Indio, CA |

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.

+ Read More

Attorney answers 4

Posted

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.

No legal advice here. READ THIS BEFORE you contact me! 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 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. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Anthony Michael Solis

Anthony Michael Solis

Posted

Though I will say, anecdotally, I just had a client get a new offense last month after a similar offense in 2000. Back in 2000 we did a 1203.4 expungment and her current rap sheet issued to us in discovery by the DA shows no evidence of the old prior.

Posted

My esteemed colleague Ms. McCall is absolutely correct. Get a live scan.

Andrew Roberts

Andrew Roberts (818) 597-0633/ (805) 496-7777

Posted

As usual, Ms. McCall has the right answer - concise and to the point.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

Posted

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

Christine C McCall

Christine C McCall

Posted

Infractions can indeed be dismissed by post-conviction Order under Penal Code section 1203.4a. P.C. Sec 1203.4 post-conviction dismissals do NOT cause the matter to "disappear completely" from the D of J record. Arrests convert to detention only by operation of law if no charges are brought. A certificate of detention only can be obtained from the arresting agency on written demand.

Anthony Michael Solis

Anthony Michael Solis

Posted

They do not cause this, but anecdotally, MANY 1203.4 expungements I have done later do not show up at all, though I would never tell anyone that this is the relief I could achieve with a mere 1203.4 expungement.

Anthony Michael Solis

Anthony Michael Solis

Posted

I stand corrected on the 1203.4a issue re: infractions. 1203.4a(d) provides: (d) A petition for dismissal of an infraction pursuant to this section shall be by written declaration, except upon a showing of compelling need. Dismissal of an infraction shall not be granted under this section unless the prosecuting attorney has been given at least 15 days' notice of the petition for dismissal. It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

Asker

Posted

Yes, I'm not so much concerned with infractions, they are all petty i.e, license plate light out, or dark window tint, none are moving violations. My concern was with the misdemeanor. So I understand that the records are with DOJ, but why is the one charge not showing up? Do charges that were expunged show up on a background check for employment? Also, kudos to Ms. McCall, she is a great asset to this site, providing valuable information and very professional!

Anthony Michael Solis

Anthony Michael Solis

Posted

Agreed about Ms. McCall. But her first advice is the best. The records of the clerk of the court are not the records you need to verify. You need a live scan criminal history. www.ag.ca.gov is a good start. The background check for employment is not likely more complete than the DOJ record. Also, you need to be careful. Often, "expunged" convictions show up only as "dismissed." This leaves an employer to have more questions than answers when you say "no" to the convictions question on an employment application. Many lawyers differ on this, but I advise my clients to disclose and explain rather than let an employer conclude you are not being honest. Some lawyers will advise to say "no" because CA law permits you to. In the internet age, there is too much information out there to risk appearing deceptive. One lawyers opinion.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer