If you have been arrested for a crime but no charges were ever filed against you or you have a criminal conviction on your record, you may qualify to have your record cleared of a conviction or arrest. In California, a defendant who is placed on probation for a felony or misdemeanor can qualify for a legal dismissal of the charges upon successful completion of probation. This is commonly referred to as an “expungement” of one’s record, although the term is somewhat misleading because there are certain legal limitations. If you are currently on probation you may also qualify for an early termination of probation if you have fulfilled the terms and condition of your probation. To read the law regarding dismissal of criminal charges upon successful completion of probation: http://www.dmv.ca.gov/pubs/vctop/appndxa/penalco/penco1203_4.htm.
FINDING OF FACTUAL INNOCENCE
If you were arrested for a crime but no criminal charges were ever filed against you AND you believe that the police did not have probable cause to arrest you, you may able to legally clear the arrest record from your RAP (i.e. criminal history) sheet. A Judge has the power to declare someone factually innocent of criminal allegations if the person proves there was no reasonable or probable cause to place them under arrest. If you have been arrested for a criminal offense and no charges have been filed, call Attorney Samuel Lasser at 415.373.4000 for a free consultation regarding your case.