California Penal Code Section 1203.4 gives anyone in Canyon Country, Palmdale, or anywhere else in the state an opportunity to request that a court dismiss an existing conviction from their record. This is a great thing for anyone who made a mistake in the past and is struggling to get past it — if your request is granted, you can officially represent yourself as not having been convicted of that offense, even to potential employers (but see below). That can make a huge difference in the lifestyle of a one-time offender who has reformed.
But It is Not a ‘True’ Expungement.
A dismissal of the type in 1203.4 does not erase a conviction as though it never occurred. The statue allows relief from “certain penalties and disabilities” — but not all penalties and disabilities. For example, 1203.4 does not erase your court records, so any half-decent background check will turn up evidence that you were convicted, but successfully applied for relief under section 1203.4 — which is virtually identical in the minds of a conscientious employer.
It does not enable you to possess guns if you are banned from doing so because of a prior conviction. It does not enable you to drive a vehicle if you are banned from doing so because of a prior conviction. It does not remove you from the sex offender registry. And the Federal and State governments, including the courts, aren’t obligated to pay attention to the 1203.4 dismissal — they can still hold your dismissed conviction against you without any special effort. This can make it difficult to get a professional license, for example, and your dismissed conviction will absolutely be used against you in court if it becomes relevant.
It Is The Best California Has to Offer
Despite all of that, the State of California has no other options for people who want to have a conviction removed from their record. In short, CAPC 1203.4 is the only option — and even then, you’ll definitely want a <a href=”http://attorneyzuniga.com/index.html”>Lancaster, CA expungement lawyer</a> to help you make sure that your dismissal goes well. Like all legal processes, it’s very easy to do incorrectly and thus fail.