California Expungement Law
Each state has its own expungement laws with some being more strict than others. In California, Penal Code 1203.4 is the expungement law. This law can get very complicated and any motion for expungement should be handled by a Huntington Beach attorney. According to California Law, when you motion for an expungement, the prosecuting attorney of the original case must also be notified at least 15 days prior to the hearing. This gives them the chance to prepare their case and bring up any objections against you. An attorney will take care of the case for you, without you ever having to leave the comfort of your home. Most of the time, the attorney can attend the hearing on your behalf and help ensure that your case is successful.
There are multiple options that come with expungements, including:
- Expunging a conviction
- Reducing a felony to a misdemeanor
- Early closure of a probation sentence
- Purging non-trafficking marijuana records
- Destruction and sealing of a juvenile record
- DUI case expungements
Expungement Requirements
Anyone who has been convicted of a crime and has completed their sentence or was granted early release from probation is eligible for expungements. The requirements you must meet to be eligible for expungement include:
- You fulfilled all probation conditions (settled fines and restitution, attended counseling, finished community service)
- You are not currently imprisoned, have any charges against you, or are on probation for another criminal offense
If you are still on probation, don’t worry. We can help you file for an Early Termination of Probation. Obtaining this will help you qualify for expungement much faster. This is relatively simple with help from an attorney and if you have valid reasons to justify the termination of probation. Reasons could include employment limitations or restrictions from necessary travel. You will most likely have to have completed 12-18 months of probation to be considered for early termination.
Ineligible Persons
Anyone who has served time in state prison, violated their probation terms, or was convicted of a sex offense against a child is 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 Online Process
Our attorneys offer a method of dealing with expungements that does not require you to meet in person. This means that you can have the convictions on your criminal record completely removed without ever having to leave the comfort of your home. Our attorneys will file all the paperwork, prepare your case, and, if there is a hearing, will attend the hearing on your behalf.
Step 1: Preparation
Your personal attorney will assess your situation and prepare the motion for your expungement. They will file all of the required paperwork and will develop a strong case supporting your motion. This is especially important if the original prosecuting attorney decides to raise objections.
Step 2: File
Once the paperwork and case is prepared, your attorney will file the motion with a California state court. A judge will be assigned to the case and will decide if you are eligible for expungement or if there should be a hearing.
Step 3: Present
Next, if there is a hearing, our attorney will fight for your case on your behalf. This means that you do not have to attend the hearing if you don’t want to. Our attorneys have years of experience and know the opinions of most California judges. This means they will customize your case depending on the judge they are going against to ensure a higher chance of success.
Step 4: Expungement
Finally, if the motion is successful, the court will file your expungement and remove the conviction from your record. This will erase the conviction from any future background checks that employers and landlords are likely to look at.
The Limitations
Even successful expungements have a few limitations. These limitations include:
- They do not restore revoked or suspended driver’s license
- They do not restore your right to possess firearms
- Registered sex offenders will be 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” to increase your conviction
Sometimes, we can relieve some of these issues through California’s Certificate of Rehabilitation or California’s Governor’s Pardon.
Expungement Benefits
Even with the limitations, there are a ton of benefits that come with expungements. These benefits will raise your entire standard of living to bring you better opportunities in every area of your life. After a successful expungement, you will experience:
- Better employment opportunities
- Increased eligibility for state professional licenses
- More housing opportunities
- Better chances at educational opportunities
- The ability to honestly and legally answer “No” when asked if you have ever been convicted of a crime
Contact Us Today
If you have a criminal record that is weighing you down, give us a call today at (657) 217-2799 or take our free online expungement assessment. We will help you successfully expunge any convictions on your criminal record so that you never have to worry about what shows up on your background checks.
