Expungements in California
San Diego Expungement Lawyer Explains Eligibility Criteria
Did you know that it is possible, in some cases, to get your criminal record
sealed or cleared? Criminal records are public, meaning that anyone can
access your arrest history unless you take action to have it sealed. A
criminal record can hurt your attempts to get a job or to take advantage
of certain educational opportunities - but California expungement law
is generous. With help from a
san diego criminal attorney at San Diego Defense Pros, you may be able to have your record expunged
and move on from a past mistake in order to begin rebuilding your future.
How do I obtain a California expungement?
If you were convicted of a felony or a misdemeanor, you may be eligible
to have your record expunged if you completely finished your probation,
face no current charges, and are not incarcerated or serving probation.
You are eligible to begin the expungement process immediately after probation
is completed. If you served time in state prison, your conviction cannot
be expunged. In addition, some criminal offenses are not eligible for
expungement, including but not limited to the following:
- Statutory rape
- Lewd acts with a child
- Sodomy with a child
Once you have established that you qualify for expungement, you will need
to file certain documentation with the court. There are important deadlines
to observe throughout this process as well - such as the 15-day notice
you are required to give your prosecutor prior to your expungement hearing.
A San Diego expungement attorney from our firm can help ensure that you
do not miss any of these important steps and can also accompany you to
your expungement hearing.
What does an expungement mean for me?
Receiving an expungement in the state of California can protect you from
numerous negative consequences and help you take advantage of opportunities
that can be difficult to obtain with a criminal record. Employers in the
state are prohibited from discriminating against any potential employee
who has an expunged conviction or who was arrested for but not convicted
of a crime. Expungement can also allow you to pursue a professional license
or to preserve your immigration rights and avoid damaging your residency status.
Keep in mind when pursuing expungement, however, that there are some things
that expungement will not affect. If you were convicted of a felony, for
example, Penal Code § 29800 states that you may not own a firearm.
Expungement will not reverse this restriction. If you must register as
a sex offender in the state of California, you will still have to do so
even if your record is expunged. Also, if you are charged with another
crime later on, an expunged conviction can still count as grounds for
stricter punishment and as a strike in accordance with California's
Three Strikes Law.
Don't let a past mistake hurt your future!
Criminal records do not just disappear over time - you must take action
in order to clear an old arrest, even if the charges ended up being dropped
or dismissed. Begin the process of protecting your future and ensuring
a better tomorrow for yourself and for your loved ones:
Call San Diego Defense Pros today to set up a meeting with an experienced Southern California expungement
attorney who can help walk you through this process. We understand the
expungement laws in California and can help you take steps to clear or
seal your old arrest history. When you schedule a
free case evaluation with an experienced San Diego criminal lawyer from our firm, we can help
you assess whether or not you are a candidate for expungement. Call today!
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