Tuscola, TX Criminal Defense Law Firms & Lawyers

Every arrest, charge and conviction "shows" on your record, forever, to anyone checking it. That is the whole purpose and meaning of "record". The effect on you is up to them. However, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT "clear", 'remove', "erase" or "disappear" the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. That record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may ?legally? deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

From reading your fact scenario you may be eligible for an expunction. If so, you could truthfully answer "no" when asked if you have ever been arrested.

Everyone in this country who is convicted of a crime following a trial has a right to appeal their conviction and sentence to a higher court. However, the review of the trial and sentence usually is restricted to legal errors and evidentiary issues that were raised during the trial. The appeals courts generally do not allow for the presentation of new evidence. However, that being said, if a person who has been convicted of a crime, including capital murder, comes into possession of new evidence that was not available at the time of trial (or reasonably could not have been known at that time) which may now establish his innocence, he or she can return to the trial court (usually within certain time limitations) and request a new trial based on the newly discovered evidence. The trial court, in its discretion, may hold a hearing and determine whether the new evidence is substantial enough to warrant a new trial. If the defendant is found not guilty at the new trial, he or she would be released. Sometimes when a new trial is ordered, the defendant is released on bail pending the new trial. If a defendant loses all his state appeals, he or she can try again in federal court in what are called habeas proceedings. However, as a result of the 1994 Anti-Terrorism Act, there is a strict one year deadline for filing a habeas petition, including one based on newly discovered evidence. Much needed efforts are underway in a number of states and federally to waive the one-year filing deadline where the claim is based on newly discovered scientific evidence (such as DNA testing) that was not available at the time of trial and that is likely to prove the person''s factual innocence of the crime for which he or she was convicted.