Generally, if a criminal record is expunged or sealed, it is as though the crime never occurred and you could legally say, on an employment application, that you were never charged or convicted of said crime.
Collect Proof of Compliance from Probation
You will have to tell the court how you did on probation so the first thing to do is contact the probation office in the county you were on probation and request a letter stating that you complied with probation and paid all your fines or if you violated probation a letter indicating how you did on probation.
Get Letters of Recommendation from Respected People
Contact your friends, family members, or religious leaders, ask them if they would write a letter endorsing your request to have the conviction expunged. Obviously your going to want influential people to write letters for you, however it is important that they tell the judge that they know what you were convicted of and what you have done since the conviction to turn your life around.
Write a Motion Asking for Expungement
Some courts will accept a simple letter asking for expungement, it would be better if you wrote a formal motion for reduction to a misdemeanor and dismissal pursuant to Penal Code Section 1203.4. Attach your supporting documentation and make a total of five copies of the original. File the motion with the court, they will give you a court date and the department the motion will be heard in.
Have the Motion Served
Someone over 18, who is not a party to the suit must serve the motion. This means someone other than you must serve the motion on the probation department, the district attorney’s office, the arresting agency, and the sheriff.
Attend the Hearing
If the people who wrote letters for you can attend the hearing that can be helpful, the important thing is that you attend the hearing and you dress in appropriate clothing. Be prepared to tell the judge why he or she should expunge your record. Focus on what you have done since the conviction, not on how the conviction is keeping you from getting a job.
Send a Copy of the Order to the Department of Justice
If the judge grants your motion, he or she will sign an Order of Reduction and Expungement. You want to make copies of the order and send a copy to the department of justice.
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