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Criminal Defense Expungement

Expungement Attorney in California

How Do I Get My Record Expunged in California?

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 you have questions about expungement or arrest record sealing, 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 assisting clients with the expungement process.

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.

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 assist with.

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.

Our Dublin criminal defense attorneys offer a free case evaluation, call today to discuss your case and see how we can assist you.

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