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Clearing a Misdemeanor Assault Charge from Your Record
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45+ Years Criminal Defense

Experience in California

I was convicted of misdemeanor assault on a police officer five years ago. I am now off probation. Is there anything I can do to clean up my record?

YES. In California you can retain a criminal defense law firm to prepare a formal legal motion pursuant to Penal Code Section 1203.4. You can file the motion since you are no longer on probation. When the motion is granted what happens is your prior guilty plea is set aside, a not guilty plea is entered and the case is “dismissed”.

This will mean when you apply for most types of jobs you can answer that you were never convicted of a criminal offense. However, there are limitations to this rule. IF you apply for a government job or a job that requires a state license you must reveal the fact that were you found guilty but you can state that the charge was dismissed pursuant to Penal Code Section 1203.4. There is a maximum $120.00 filing fee that you must pay when this motion is submitted to the court.


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