Is a dismissal in California the same as an expungement?

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Is a dismissal in California the same as an expungement?

I had a criminal offense from years ago dismissed under PC 1203.4 and I’m
wondering if it is the same as it be expunged? Will it still show up on a
background check? Even one provided by the FBI?

Asked on November 14, 2018 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Dismissal is NOT expungement. Dismissal means that the charges were dismissed, you  were not convicted, and you were not punished--but the fact that cases were initially brought against you will still show up in a background check. Expungement means that a case  is erased like it never existed; only if a case is expunged will not appear on a background check. You should contact a criminal defense attorney to inquire into whether you can expunge this charge; if you can, the lawyer can help you do it.


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