If you’ve had trouble getting a job, renting an apartment, or passing a credit check because of a drug charge on your California criminal record, talk to attorney Dan Chambers about how to have it permanently erased from your record.
Even after you have served your time and “paid your debt to society,” most California criminal charges will permanently stay on your record unless you take action. One exception is possession of marijuana for personal use, which will automatically disappear from your record after two years. But if you were convicted of manufacturing, cultivating, transporting or possessing drugs for sale, those charges will stay on your record. Even convictions that happened before you were 18 will stay there unless you ask to have the record sealed.
The good news is that you can petition the court to have drug charges and other criminal convictions permanently erased from your record, by having them expunged. Schedule an appointment today with Dan Chambers to find out how you can wipe the slate clean and make a fresh start.
How does expunging work?
Basically, in order to expunge your record, the court reopens your case and then dismisses it—so that in most cases, you can honestly say that you don’t have a criminal record. Of course, there will be some exceptions, such as if you apply for a professional license or a government job.
You must get the process started by filing a petition in the county where you were charged—so if you have a federal conviction or cases in other states, you’ll have to file there too.
After your charges are expunged, the public will not be able to see your record—and employers won’t find it on background checks. However, courts and police will still be able to see your record and it can still count against you if you run into trouble in the future.
Who is eligible?
If you only had to serve time in county jail (not state prison), or were put on probation or paid a fine, you are probably eligible to have your record expunged. You will be able to file once you have completed your probation for all offenses, have paid any fines, and don’t have any new charges pending against you.
In some situations, the court may grant a dismissal even if you violated your probation at some point. If you have questions about your situation, contact the Chambers Law Firm to make an appointment today.
Removing juvenile charges
On your 18th birthday, you are automatically eligible to have the court to seal your records, but it won’t happen unless you ask. But once they are sealed, the records will be destroyed after five years. If you have questions about clearing your juvenile record, see my blog here or contact my office to set up a free consultation.
What can I do if I had a felony drug charge?
If you were sentenced for a drug crime felony and served time in prison, you might not be able to have your record expunged, but you may at least be able to get the felony charge reduced to a misdemeanor. That means you won’t have to identify yourself as an ex-felon any more. You’ll gain back your civil rights and could be eligible again for government benefits or loans.
Does Proposition 47 help me?
Thanks to Proposition 47, you have to chance to petition to have your felony charge reduced to a misdemeanor. But don’t put this off! Your petition must be filed before November 4, 2017. Find out what you need to know by scheduling your free initial consultation today. Call 714-760-4088, email dchambers@clfca.com, or send an online message via the Chat box at the bottom right of this page.
