The term expungement refers to the process by which you clean your criminal record. An expunction is a request that the court reopen your criminal case, withdraw the plea or guilty conviction, dismiss the charges and re-close the case without the conviction on your record. Essentially it removes the conviction from your record.
Not all convictions are eligible for expungement. If you were convicted of a misdemeanor or felony offense and you successfully completed a probationary sentence and are not currently charged with any criminal offenses or serving a sentence for another criminal offense, you may be eligible for an expungement.
There are specific offenses that are ineligible for expungement. Likewise, if you served a sentence at a California state prison, you are not eligible for expungement. Serious sex offenses against children cannot be expunged.
The expungement process should be performed by an attorney to ensure that all the necessary steps are taken so that the expungement is effectively processed and your criminal conviction is removed. An attorney can assist by first determining whether you are eligible for an expungement based on your conviction. There are also notice requirements that must be given to the prosecutor’s office prior to an expungement hearing, and your attorney can file this on your behalf as well as represent you at the actual expungement hearing.
An expungement petition can be filed upon the successful termination of probation. Often times, a defendant must wait a year to file an expungement if he/she did not serve a probationary sentence. An expungement of a criminal conviction can assist a defendant in many ways. It can help you secure future employment, obtain/maintain a professional license, and help avoid immigration consequences. An expungement, unfortunately, will not prohibit the prosecutor from using a conviction to enhance sentencing for purposes of California’s three strikes law.
The expungement process is one that you want to get right. The process and fees for expungement can vary from county to county. The assistance of an attorney is crucial. Not only does your attorney know the law, they know the court procedure. He/she can appear on your behalf and obtain the expungement so you do not have to go to court. Speak to an attorney to verify if you qualify for an expungement and let them walk you through the process. It is better to get it right the first time to avoid a conviction staying on your record for longer than you want and to avoid multiple fees.
The experienced attorneys at The Rodriguez Law Group can assist you in your expungement. The Rodriguez Law Group can help you wherever you are facing charges or wanting to expunge charges throughout Southern California. That includes Los Angeles County, Riverside County, and San Bernardino County.
If you wish to expunge a conviction, hiring a criminal defense attorney is one of the most important decisions you will ever make. The quality of representation will have long-term consequences for you and your family. If you are seeking a criminal defense lawyer in Los Angeles, make sure you hire someone with experience and a proven track record. Contact our office to talk about your expungement today at (626) 432-1730.