If you meet certain conditions, your record could be cleared.
Many of us have things in our past that we regret, whether it’s a bad hairstyle, a really bad tattoo — or an error in judgement that led to a criminal conviction. A criminal record can make life incredibly difficult, making it hard to get a job, hold a professional license, or even secure an apartment. That is why you may want to consider having your California criminal record expunged.
Under California law, expungement is available to people who meet specific criteria. It essentially works to clear your record, and prevents employers from asking you about past convictions or from using your criminal record against you. But as a California criminal defense attorney will tell you, not everyone is eligible for expungement. So how exactly can you qualify for this process?
Under the law, you will typically be able to have your California criminal record expunged if you were convicted of a crime (either a misdemeanor or felony), and successfully completed your probation for that offense. You must also not be currently charged with a criminal offense or on probation or serving a sentence for a criminal offense. However, if you were ever sent to California state prison for your criminal offense — for any reason — then you will not qualify for expungement. You will also not be eligible for expungement if you committed certain criminal offenses, including sex crimes against children (such as statutory rape, sodomy with a child and lewd acts with a child).
Successfully completing your probation means that you completed all of the terms of your probation — paying all fines and restitution, attending all classes and counseling programs and performing any required community service. You must also have attended all court appearances, and refrained from committing any new crimes while you were on probation. If you had a violation while you were on probation, you could potentially still be eligible for expungement. A California criminal defense attorney could ask the court to hold a special hearing to determine if you are a good candidate for expungement. The court will look at a number of factors, such as your overall performance while on probation, your criminal history, your ability to obtain a good job, and your strong community ties.
A California criminal defense attorney can help you file expungement paperwork if you are eligible to have your criminal record cleared. The expungement process can typically begin as soon as you have successfully completed probation for your felony or misdemeanor offense. Having your criminal record expunged can be incredibly beneficial, allowing you to obtain a professional license, making it easier to get a job, avoid negative immigration consequences, and more.
At the Chambers Law Firm, our team of attorneys and professionals are dedicated to helping our clients achieve justice, through defending them against unjust charges and in assisting them in having their criminal records expunged. If you would like to discuss your eligibility to have your California criminal record expunged, contact our office today at 714-760-4088 or dchambers@clfca.com. Initial consultations are always free!
