EXPUNGEMENT ATTORNEY IN CALIFORNIA
NEED HELP Expunging A Conviction?
Expungement is the process wherein individuals are able to have their criminal
record modified. This can be pursued as a matter of right in California
if you fulfill all of the eligibility requirements. It can also be pursued
as a matter of privilege if you do not meet those requirements. If you
suffered a conviction, expungement is the only option available when it
comes to improving your criminal record. If you did not suffer a conviction,
you will not benefit from an expungement, but would likely benefit from
a Petition to Seal Arrest Records, which is different, and which we also
If you have questions about expungement or arrest record sealing, do not
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 assisting clients with the expungement process.
Who is Eligible for Expungement in CA?
If you were convicted of a crime in the state of California, you can pursue
expungement as a matter of right if you have completed your probation
successfully and are not facing any further criminal offenses or on probation
for another offense. It is possible to petition for early termination
of probation and expungement simultaneously. You must have fulfilled all
of the following to have completed your probation successfully:
- Completed all the terms of your probation including paying all fines and
completing all required counseling and community service;
- Abstained from committing any new crimes while serving your probation; and
- Paid all victim restitution ordered by the court.
If you violated your probation at any point, are currently on probation,
are subject to a pending criminal case, or failed to complete any of the
terms of your sentence you may
still petition for expungement as a matter of privilege, but the court could
deny your petition in its discretion. In such a situation, the court may consider:
- Your performance on probation
- Your nature of your conviction
- Any other criminal history
- Your employment opportunities
- Your family life
- Your communal ties
If the court believes you deserve expungement, they may grant it despite
not being entitled to it as a matter of right. If you have questions about
expungement, or need representation for such, contact our firm.
Expungement Process in California
When pursuing expungement, there are several steps to take. First, Petition
the Court. Second, serve the DA. Third, either you or your attorney must
attend the hearing. Sometimes the court at the hearing continues the matter
and requests you or your attorney provide additional document showing
you are either entitled to, or deserve, this relief. In our experience,
it is uncommon for a client to be required to be present with us at the hearing.
Once expunged, your criminal history will not be destroyed, but rather,
the word “convicted” on your criminal history will be replaced
with the word “dismissed.” If all your convictions are expunged,
you may legally answer “No” in response to questions that
ask if you have ever been convicted.
This is not true however when applying for a professional license, applying
for work as a police officer, running for public office, or contracting
with the State Lottery Commission. In that situation you must till answer
“Yes.” Also, having your record expunged does not overturn
a driver's license suspension or revocation, restore your gun rights,
or remove your requirement to register as a sex offender in California.
Need a lawyer for the expungement process in Dublin, CA?
If you are interested in having your record expunged, get the best criminal
lawyer in Dublin on 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.