With help from an expert criminal defense attorney, some criminal convictions can be removed from your criminal history
If you’ve been convicted of a crime, you may find that your criminal record continues to haunt you even after you’ve paid your debt to society by completing all your sentencing requirements. You’ll have to inform any employer, landlord, lending agent, etc. of your criminal record should they inquire about it, and this can hurt your chances of securing the benefits you seek. Fortunately, some types of criminal convictions can be essentially cleared from your record using a process called expungement. While you can petition to expunge records on your own, you’re more likely to meet with success if you engage the assistance of a skilled criminal defense attorney to help you complete the following steps.
Step 1: Determine Eligibility
Not all types of convictions are eligible for expungement. Your particular conviction may be eligible if all of the following are true:
- You were convicted of a misdemeanor, or of a “wobbler” felony that could be reduced to a misdemeanor
- Your crime did not involve certain serious vehicle code violations or sex offenses against minors
- You were not sentenced to state prison
- Your conviction occurred at least one year ago
- You were not convicted of any other crimes within one year of the conviction you wish to expunge
- You have completed all the terms of your sentence
- Your probation was never revoked due to violations
- You are not currently serving any other sentence or charged with any other crime
Step 2: Complete Any Prerequisites
In some cases, you may need to file some preliminary legal motions before beginning the actual expungement process. For example, if you are currently on probation you will need to file a Motion to Terminate Probation, and if you were convicted of a felony you will need to file a Petition to reduce the conviction to a misdemeanor.
Step 3: Assemble Your Paperwork
In addition to completed copies of the Petition for Dismissal and Order for Dismissal forms necessary to initiate the expungement process, you will also need to provide the court with copies of documentation proving you have paid any fines, fees, or restitution ordered as part of your sentence. You’ll also need to include a processing fee or Fee Waiver form. Including a Declaration stating why you want your conviction expunged and how it will help your situation in life is recommended but not required. If you’re working with an attorney for your expungement, he or she will make certain you have all your paperwork in order.
Step 4: File for Expungement
Once you are ready, you will file your expungement forms in the same county where you were convicted. Depending on the county, you may be able to simply give the papers to the court, or you may be required to serve the papers to the District Attorney and the Probation Department yourself. You probably will not have a hearing. Instead, you’ll wait for your court date and then check the court’s website to see whether or not your expungement was granted.
As long as you met all the requirements and supplied all the correct documentation, it is more than likely that you will get your record expunged, enabling you to move forward with your life without the stigma of that particular conviction.
