The Law
Expungement laws vary from state to state. The expungement law for California can be very complex and is categorized under Penal Code 1203.4. Due to the complexity of this law, it is a good idea to hire an El Cerrito attorney for your case. Each expungement is different, which means some crimes will be easier to remove than others.
It is also worth noting that under California Law, the prosecuting attorney of the original case must be notified of the expungement application at least 15 days before the hearing. This gives them time to prepare an argument if they choose to raise objections against your expungement. If they do prepare a case against you, there will be a hearing in which you will be required to argue your side of the case. One of our attorneys can help you prepare for this and ensure the success of your expungement.
We offer a variety of services including:
- Conviction expungements
- Felony reductions to a misdemeanor
- Early Termination of Probation
- Purging of non-trafficking marijuana records
- Destruction and sealing of a juvenile record
- DUI case expungements
Requirements of Expungement
If you were convicted of a crime and completed your sentence or was granted early release from probation, you are eligible for expungement. There are a few requirements for a successful expungement, including:
- You fulfilled probation conditions
- Settled fines and restitution
- Attended any required counseling
- Finished any required community service
- You are not currently imprisoned, have other charges against you, or are on probation for another criminal offense
If you are currently on probation, we can help you obtain an Early Termination of Probation with help from one of our El Cerrito attorneys. As long as you have completed the terms of probation and have valid reasons to justify the termination of probation, this can be relatively simple to complete. Valid reasons include employment limitations or restrictions from necessary travel. Usually, you will have to have completed 12 to 18 months of probation to be considered for Early Termination of Probation.
Ineligible Persons
Anyone who served time in state prison, violated their probation terms, or were convicted of sex offenses against a child are not eligible for expungement. This includes sodomy, oral copulation, or sexual intercourse between someone 21 years or older with someone under the age of 16.
The Process
The expungement process is almost always 100% online. This means that your attorney will take care of everything for you without you ever needing to leave the comfort of your home. Even if there is a hearing, we can usually go on your behalf to argue for your case and have the motion for expungement accepted.
Step 1: Preparation
The first step is to hire one of our attorneys to help you prepare your motion for expungement. They will prepare your case and bring up any arguments as to why your expungement should be accepted.
Step 2: File
After preparation, your attorney will fill out and file all required paperwork with a California state court. A judge will be assigned the case and will assess your petition for expungement. They will then decide if you are eligible or if there should be a hearing.
Step 3: Present
Next, if there is a hearing, your attorney will go on your behalf. They will fight for your case. Remember, the prosecuting attorney can also show up with their own objections against you. Our attorneys have years of experience and can confidently fight for your expungement.
Step 4: Expunge
After the motion is accepted, the court will file your expungement and remove the conviction from your record. This erases the conviction from all standard background checks so that employers and landlords can’t see it.
Expungement Limitations
Although expungements will greatly increase the opportunities in your life, they do have a few limitations. These limitations include:
- They do not restore a revoked or suspended driver’s license
- They do not restore your right to possess a firearm
- Registered sex offenders are required to register under Penal Code 290 PC
- If you are convicted of another crime in the future, your expunged conviction can still be used as a “strike” against you to increase the sentence
Some of these issues can be resolved with help from an attorney through California’s Certificate of Rehabilitation and California’s Governor’s Pardon.
How Long Does It Take?
Expungements can take anywhere between 2 to 8 months but, with help from an attorney, can be sped up by combining motions. Our attorneys can package an expungement motion with early termination of probation or a motion to reduce a felony to a misdemeanor. The cost of an expungement usually begins at $120 for court fees.
Expungement Benefits
There are multiple benefits that come with successfully expunging a criminal record. These benefits include:
- Increased employment opportunities
- Higher eligibility for state professional licenses
- Honestly and legally answer “No” when asked if you’ve been convicted of a crime
- Better housing opportunities
- More educational opportunities
Hire An Attorney Today
If you have a conviction on your record that is weighing you down, give us a call today. Our attorneys can help successfully expunge the conviction without you ever having to leave the comfort of your home. This will secure a brighter future for you and your family. Call us now at (510) 328-7440 or take our free online expungement assessment today.
