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Darren Chaker & Pardon vs. Expungement

An expungement and pardon are two different post conviction reliefs. A pardon is issued by the Governor and is discretionary. For more information related to a pardon, see gov.ca.gov/pdf/interact/how_to_apply_for_a_pardon.pdf

Expungement under Penal Code Section 1203.4 allows for a former conviction to be dismissed, and only under very limited circumstances to come back to haunt the defendant. One of the good things is that private employers need not consider an expunged conviction since it is now dismissed. If you apply for a job which requires a license, then you must disclose the former conviction. Also, an expunged conviction (dismissal) is inadmissible as impeaching evidence. People v. Mackey (App. 2 Dist. 1922) 58 Cal.App. 123, 208 P. 135. "Penalties and disabilities" in Section 1203.4 providing that defendant who fulfills conditions of probation shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he was convicted has reference to criminal penalties and disabilities or to matters of a criminal nature. Copeland v. Department of Alcoholic Beverage Control (App. 2 Dist. 1966) 50 Cal.Rptr. 452, 241 Cal.App.2d 18 People v. Field (1995) 31 Cal.App.4th 1778 in which expunged felony convictions were held to be inadmissible for purposes of impeaching witnesses. (Id. at p. 1787.)

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Q: Once time is served for a felony conviction is that person pardoned from that conviction?
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