Expungement in California
Dublin Criminal Defense Lawyer
Expungement is the process wherein individuals are able to have their criminal
record cleared. This is a privilege allowed in California if you fulfill
all of the eligibility requirements. Many are unaware that expungement
is not the only option when it comes to clearing your record. While expungement
is the most intense way of erasing your criminal history, there are also
recourses such as record sealing and pardons. If you have questions about
any of these methods, do not hesitate to contact a criminal defense lawyer
from the Law Office of Ivan O.B. Morse. We have more than three decades
of experience defending against criminal charges and also assisting clients
in the expungement process.
Who is Eligible for Expungement in CA?
In the state of California, it is a general rule that you can pursue expungement
if you were previously convicted of a misdemeanor or felony, and you have
completed your probation and are not facing any further criminal offenses
or on probation for another offense. With the requirement to complete
your probation, you could have also obtained an early termination of probation.
You must have fulfilled all of the following to have completed your probation:
- Completed the terms of your probation order including any fines, counseling
or community service
- Attended the court ordered appearances
- Not have committed any new crimes while serving your probation
NOT be eligible for expungement if you were sent to prison at any time following
your conviction. Whether it is part of your sentence or if it was a penalty
for a probation violation, going to prison generally eliminates your ability
to pursue expungement in California. You may also not be eligible if your
offense was committed against a child. When reviewing your case, the judge
may look into any of the following elements to determine if you are eligible
for expungement, including:
- Your performance on probation
- Your conviction
- Any criminal history
- Your employment opportunities
- Your family life
- Your communal ties
If you appear to deserve the relief of expungement, you may be granted
this privilege. If you have questions about the likelihood of expungement
in your case or if you need representation in this process, contact our firm.
Expungement Process in California
When pursuing expungement, there are several steps to take. First you will
need to file a petition to the court. The court with analyze your case
and come to a conclusion regarding your eligibility for expungement. There
may be further paperwork required to show that you deserve this relief.
Then you may have to appear at an expungement hearing. If the petition
is granted, your criminal history may be destroyed. This allows you to
avoid any discrimination from employers, immigration consequences and
allows you to obtain a professional license in California. Be aware that
having your record expunged does not overturn your driver's license
or restore your gun rights. If your rights to own a gun were revoked or
if your license was suspended, these consequences remain intact after
having your record expunged. Also, if you were required to register as
a sex offender in California, expungement does not end the need to register.
For more information regarding expungement, take a look at California
Penal Code 1203.4.
Need a lawyer for the expungement process in Dublin, CA?
If you are interested in having your record expunged, you need the best
criminal defense lawyer in Dublin by your side. With experience and knowledge
about the expungement process in California, the Law Office of Ivan O.B.
Morse can help. Our Dublin criminal defense attorneys offer a free
call today to discuss your case and see how we can assist you.