Hollywood action star Mark Wahlberg wants to join the police force as a reservist but faces a legal obstacle due to a felony conviction in 1998. The actor was convicted for an assault felony involving up two men and leaving one partially blind.
In California, a convicted felon is not allowed to handle guns, which are inherent in police work. It is possible for expungement proceedings, more particularly, a pardon of his conviction, to remedy the situation. Hopefully this would allow him later to become a member of the reserve police force.
The actor apparently developed an interest in police work after studying for various roles he played in movies such as The Other Guys, Max Payne, and The Departed.
What Is Expungement?
Expungement is a legal procedure for clearing a criminal record, allowing a convicted person certain rights that would not have been legally available as a result of the conviction. Depending on the circumstances of one’s conviction, certain remedies may be filed, such as:
- Reduction of the penalty to a summary probation
- Early release from probation
- Sealing of arrest records
- Petition to dismiss conviction
Benefits of Expungement and Other Reliefs
When a convicted person files a petition to dismiss a conviction, the court may withdraw the guilty or no contest plea or guilty verdict, enter a plea of not guilty, and then set aside and dismiss the conviction.
As a result, the convicted person’s record will show a dismissal instead of a conviction, allowing him to:
- Apply for and obtain employment
- Enroll in school
- Obtain federal funding
- Regain his/her good name and standing in the community
Criminal records are public records that are more easily accessed nowadays through various private criminal background databases. A dismissal of a conviction allows a convicted person to not disclose the conviction when applying for private employment.
Applying for expungement or other remedies such as a dismissal of a conviction can be complicated, requiring a clear understanding of expungement rules and a good grasp of criminal court procedure.
Your criminal defense attorney should be able to determine whether you are eligible for an expungement remedy and the appropriate procedure for your situation.
In Los Angeles, California, the Kestenbaum Law Group has almost 10 years of experience in expungement and related proceedings, helping clients gain a fresh start after a regrettable brush with the law.
We invite you to call us today at (818) 616-4312 to arrange free initial consultation, during which you can speak to one of our experienced attorneys about your particular situation.