Expungement or Seal and Destroy? - Different Tools for Different Jobs

If You Are Charged With a Crime

Whenever a person is charged with a criminal offense, whether it is a Misdemeanor or a Felony, minor or severe, one of the primary questions on anyone’s mind is:

 
What effect is this going to have on my record and my future?
 

Charges Removed From Your Record

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Whenever a person is charged with a crime, their first response is that they want to have the charge removed, and what seems to be the right solution to many is a request for what is known as an Expungement. However, it is important to note that there is a big difference between being granted a criminal expungement pursuant to California Penal Code (CPC) 1203.4 and having the record of your arrest Sealed and Destroyed pursuant to California Penal Code (CPC) 851.91/851.92.

In order for a person to be granted relief under California Penal Code (CPC) Section 1203.4, it is a requirement that they be convicted of a crime first. Upon a motion which is brought before the court, the Defendant may request that the plea of guilty be changed over to a plea of Not Guilty and that the charge itself be dismissed. However this will not have any effect on their Arrest Records. Further, this is not the same thing as no case being filed at all.

 
 

Get The Legal Help You Need

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If you or someone you know has been arrested, whether they are ever formally charged with a crime or not, it is important to be aware of the effects it may have. Contact at Attorney at The Law Offices of Bryan R. Kazarian today for a free consultation.