Q: Can a "no contest" plea deal, 13 years ago for felony child neglect, in Los angles county, California be expunged?
I was arrested and charged with felony child abuse 13 years ago after my daughter received a burn to her leg caused by extremely hot water while she in the tub. At 18 years old I had no idea of the horrible consequences of my decision to accept the plea deal would have on my life. As a result of my no contest plea, I received a felony conviction for child abuse and sentenced to serve 180 days in la county jail. Placed on formal probation for 5 years which included random drug testing, complete 32 weeks of child abuse, and parenting classes as well as 16 weeks of individual counseling. I served my jail time, successfully completed 5 years of formal probation without violation and passed every drug test. I also completed All court ordered classes. I have decided to go back to school and have been accepted into college. I plan to pursue a career in criminal justice or a career as a medical sonographer. Before I can decided on a career path i need to know if i can have my criminal felony
more info needed.
is the lawyer who represented you still in practice? if so you may contact him or a lawyer who works in that courthouse.
if the law would allow it you would move under 17b to withdraw your plea and under 1203 expunge, however, i am not sure whether the law will allow it for this charge.
Dmitry Gorin agrees with this answer
You are eligible to expunge your conviction.
Expungement is available to those who receive, and who are able to successfully complete, a sentence of probation. This is true regardless of whether your underlying conviction was for a misdemeanor or a felony. Penal Code 1203.4(a).
If your underlying conviction was for felony child abuse in violation of Penal Code 273d, then you can take the additional step of asking the Court to reduce the charge to a misdemeanor before expunging it. Penal Code 17(b)(3).
Most employers are prohibited by law from discriminating against applicants because of an expunged conviction. However, there will still be instances when you'll be required to disclose your conviction--such as when applying for a state license or seeking employment with a criminal justice agency. Labor Code 432.7, Penal Code 1203.4.
Even if you must disclose your conviction, an expungement can help you present your circumstance favorably to a prospective employer or licensing agency. An expunged conviction communicates that you have completed your probation, that you were not sentenced to prison, and that you were able to rehabilitate to the satisfaction of a judge. A felony that was further reduced to a misdemeanor and then expunged signals that your misconduct was less severe than it initially seemed.
Most people are unaware of the long-lasting effects of pleading guilty to a crime. But you do have options to help you firmly put this incident behind you.
Best of luck.
Michael J. Ocampo, Attorney at Law
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