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Is Your Criminal Record Holding You Back?

The story starts like this: You apply for your dream job and you get a call back for an interview. During the interview, you are made aware that you must pass a criminal background check. You hesitate to sign your name on the dotted line for the disclosure of your criminal record because you have a ten-year-old criminal conviction.

Don’t worry, you are not alone in your hesitation. Many people know this story all too well because they too may have a criminal conviction on their records. Though it is not ideal and it can be embarrassing, it is not too late do something about it. You may be able to get your record expunged. Call The Rodriguez Law Group today for a free consultation.

What is an Expungement?

There are many different entities that are able to examine your criminal record, ranging from employers to licensing agencies. Although your criminal record is public, expunging your record disallows access. An expungement of a criminal record is a process that erases your criminal record as though it never existed. The difference between getting your record sealed and getting it expunged is that when your record is sealed it is hidden from the public only.

This method is best in cases where you were not convicted of a crime. However, when you are convicted of a crime, getting your record expunged destroys it, and unless you are applying for a professional license such as a law license or public interest job such as a teacher, no one may know that you were ever convicted of that crime. An expungement allows you to now say that you were never convicted of a crime, which can be a huge stress reliever.

The difference between getting your record sealed and getting it expunged is that when your record is sealed it is hidden from the public only. This method is best in cases where you were not convicted of a crime.

However, when you are convicted of a crime, getting your record expunged destroys it, and unless you are applying for a professional license such as a law license or public interest job such as a teacher, no one may know that you were ever convicted of that crime. An expungement allows you to now say that you were never convicted of a crime, which can be a huge stress reliever.

What Do I Do if I Want My Record Expunged?

If you are seeking an expungement of your criminal record, the best thing to do is to first obtain your criminal record. Your record can come from papers that you already have, from your attorney, or from the Superior Court. Under California law, once you have a copy of your criminal record you must obtain a Certificate of Rehabilitation. This can be done by applying to the Governor’s office or filing a Petition for Relief in criminal court.

It will be at the discretion of the court to deny or grant the petition. The filing fee for this petition is $120 for felonies and $60 for misdemeanors or infractions. If you are unable to pay this, the court may grant a waiver. Lastly, it is valuable to know that an expungement for serious felonies such as sexual offenses may not be granted.

Why is an Attorney Invaluable in This Situation?

Obtaining a criminal defense attorney in this situation is invaluable. An expungement is governed by Penal Code Section 1203.4 and can be very confusing if you are not familiar with the law. Attempting to receive an expungement can be a frustrating process without all of the right tools. In some cases obtaining an expungement requires additional paperwork that you may not be privy to. Don’t let your criminal record hold you back any longer. If you are a loved one has been convicted of a crime and is looking for another chance at getting it right, do not hesitate to call The Rodriguez Law Group. We are here to help you!

To learn more, call our Los Angeles criminal defense law firm at 213-995-6767 or visit our contact us page to send us an email.