Expungement Attorney

Expungements: Clearing your Criminal Record

How can I clear my criminal record?

Everyone make mistakes. Good people can make bad choices, but it doesn’t mean they are bad. Just that they are human. They shouldn’t have to pay for them the rest of their lives. But having a criminal record is the modern day Scarlet Letter. No matter where you go, with the advent of the internet, anyone can look you up at any time. That’s where expungements come in.

Under California law, upon successfully completion of probation or grant of an early termination, you have the right to ask the court to reopen your case, withdraw your pleas of guilt, and dismissed the matter for all purposes. 1 This process of clearing your criminal record is called a expungement.

Once your case is expunged, you can legally answer “no” on the application questions asking “if you’ve ever been convicted of a crime.” Even more, no one (including potential employers, landlords, and banks) can legally use the expunged case against you. However, please note that the record will still exist in the government’s database and can be used against you for limited purposes if you commit a new crime.

Can I expunge my charge?

Most misdemeanor and felony charges are expungeable, so long as you did not serve a State Prison sentence. However, not every criminal charge is expungeable. California law prohibits the court from expunging certain sex offenses, certain California Vehicle Code violations, and certain infractions. Contact us today to see if your case can be expunged.

Can I expunge my case today?

In order to ask the court to expunge your record you must complete the following:

  • Did not serve a State Prison Sentence;
  • Completed all terms of probation (including work release, community service, classes, etc.);
  • Currently do not have another criminal case pending against you;
  • Currently not on probation or serving a sentence for another criminal case; and
  • Paid off all your fines and fees. (With certain exceptions.)

Also, you may be entitled to even more relief depending on the charges and facts of your case. For example, certain charges may be reduced from a Felony to a Misdemeanor, or even from a Misdemeanor to an Infraction. 2 Additionally, if you were never formally charged, had the case dismissed, or were acquitted after trial, you may be entitled to a complete sealing of your arrest record.

If you or a loved one have been convicted of a crime and paid your debt to society, you owe it to yourself to clear your criminal record and the burden it carries. A criminal record can negatively impact your life for years. From not getting the job your deserve or the loan the buy your dream house. Call us today so that we can help you put the past where it belongs.


References
  1. California Penal Code section 1203.4.[]
  2. California Penal Code section 17.[]