The length of time a misdemeanor remains on one's record in California depends on the penal code of the conviction, the case disposition, status of probation and whether the convicted person filed a petition for dismissal. Misdemeanors are reportable during background checks for only seven years, per California Civil Code Section 1785.13, as cited by California Labor and Employment Law.Continue Reading
According to California Courts, a person convicted of a misdemeanor without probation is eligible to petition the court for dismissal at least one year after the conviction, provided that the terms of the sentence have been met, he is not currently serving another sentence and no other charges are outstanding. A person convicted of a misdemeanor with probation can request the court dismiss the charge once the terms of the probation are met or early release is granted, all fines and restitution are paid to the court, he is not on probation for another crime and he is not currently charged with another offense. Under California law, any convictions for possession of marijuana for personal use are automatically removed from the convicted individual's record after two years. Persons who successfully complete a court-ordered diversion program automatically have the conviction changed to a dismissal.
Misdemeanor violations of Vehicle Code section 42002.1, which include failure to obey a peace officer, firefighter, or traffic officer while driving, are not eligible for expungement and will remain on one's record permanently, according to California Courts.Learn more about Law
California probation laws include requirements to pay court-ordered fines and appear at designated court hearings. California law gives a judge the authority to ascertain probation eligibility. Both felony crimes and misdemeanor crimes may qualify for probation, according to Wallin and Klarich Criminal Defence Attorneys.Full Answer >
People who legally change their name in California must file court papers, record the "Order to Show Cause for Change of Name" in a newspaper publication of general circulation once a week for four weeks and then ask the court for a decree. As of October 2014, this process usually takes up to three months, depending on the caseload of the court in question, notes the California Courts website.Full Answer >
The penalties for a misdemeanor or felony conviction for making terrorist threats include incarceration, fines, restitution and probation. The period of incarceration can be as little as one year for a misdemeanor conviction. The sentence for a felony conviction can range from one year to 100 years.Full Answer >
A charge of driving under the influence, or DUI, stays on a driver's record for 10 years in California, according to Nolo.com. If a driver is convicted of a subsequent DUI, a prior conviction counts against him when the court considers sentencing.Full Answer >