If a criminal record is hindering your ability to thrive, there are several steps you can take to improve your situation. One viable option is pursuing expungement. Let’s examine the prerequisites for expungement and whether you meet them. If you believe you qualify, reach out to Chambers Law Firm at 714-760-4088 to collaborate with a criminal defense attorney who will advocate for your rights.
Confirming Your Eligibility for Expungement
Primarily, you need to establish that you are eligible for expungement. Not all convictions qualify. To be eligible for expungement, the following must all be true:
- Your conviction was either a misdemeanor or a ‘wobbler’ offense that could be reduced to a misdemeanor
- You did not receive a sentence to state prison
- Your crime was non-violent, did not involve serious vehicle code violations, and did not involve sex offenses against minors
- Your conviction was at least a year ago
- Your probation was never revoked due to a violation
- You were not convicted of any crimes within the last year from the date you are applying for expungement
- You fulfilled all terms of your sentence
- You are not currently serving any sentence or facing criminal charges
If all these requirements are met, you may be able to have your conviction expunged.
Handling Any Pre-Requisites
Before embarking on the official process, there might be some steps you need to take. For instance, you may need to file a Motion to Terminate Probation if you’re still on probation, or a petition to have a felony conviction reduced to a misdemeanor. Your lawyer will guide you through the necessary forms to file.
Gathering Your Documents
The court will require various documents, the specifics of which will depend on your case. For example, you might need to provide proof that you’ve paid all fines and completed restitution, copies of the forms indicating your charge was reduced, among others. Your lawyer will assist in ensuring you assemble the correct forms.
Filing for Expungement
Once you’ve confirmed you meet the requirements and prepared the necessary paperwork, you can file for expungement. This must be done in the county where you were convicted. This could entail submitting the documents to the court or, in some instances, serving the papers to the District Attorney yourself.
While the process may seem straightforward, a single error can lead to unnecessary delays. Contact Chambers Law Firm at 714-760-4088 for a complimentary legal consultation with a seasoned attorney to ensure a smooth process.
