If you have been convicted of a crime, you might discover that even after you have served out your sentence and paid your responsibility to society, your criminal record still haunts you. Your chances of getting the benefits you want may suffer if potential employers, landlords, lending agents, etc. find out about your criminal history.
Fortunately, through a procedure called expungement, certain criminal convictions can be essentially erased from your record. While you can file a petition to have records expunged on your own, your chances of success are higher if you enlist the counsel of an experienced criminal defense lawyer to guide you through the necessary procedures. Contact Chambers Law Firm at 714-760-4088 for a legal consultation.
Start by determining your eligibility
Convictions of some categories cannot be expunged. If all of the following apply to your case, your specific conviction might be eligible:
- You were found guilty of a misdemeanor or a felony that was “wobbler” and might be dropped to a lesser offense
- There were no major vehicle code violations or sexual offenses against kids in your crime
- You were not given a state jail sentence
- You were convicted at least a year ago
- Within a year of the conviction you want to have erased, you were not found guilty of any other offences
- You have fulfilled all requirements for your sentence
- Due to infractions, your probation was never revoked
- You aren’t currently incarcerated or facing any additional charges
Complete any prerequisites
Before starting the actual expungement procedure, you might need to file a few preliminary legal motions in specific circumstances. For instance, you must submit a Motion to Terminate Probation if you are currently on probation, and you must submit a Petition to Reduce the Conviction to a Misdemeanor if you were found guilty of a crime.
Put your paperwork together
You will need to give the court copies of any paperwork demonstrating that you have paid any fines, fees, or restitution ordered as part of your sentence in addition to the completed copies of the petition for dismissal and order for dismissal papers required to start the expungement procedure. A processing fee or Fee Waiver form is also required.
It is advised but not necessary to include a Declaration outlining your justifications for wanting your conviction erased and how doing so will improve your condition in life. If you’re working with a lawyer for your expungement, they’ll make sure your paperwork is organized.
Submit an expungement request
When you are prepared, submit your expungement paperwork in the same county as you were found guilty. You might be able to just hand the paperwork to the court, or you might have to personally serve the District Attorney and the Probation Department, depending on the county. Most likely, there won’t be a hearing for you. You’ll need to wait until your court date before checking the court’s website to learn if your request for an expungement was approved.
If all the conditions were satisfied and all the necessary paperwork was provided, there is a good chance that you will be successful in having your conviction removed from your record, allowing you to carry on with your life stigma-free.
The best way to increase your chances of success is to contact Chambers Law Firm at 714-760-4088. Remember that expungement is just one of the post-conviction relief options. We can help determine what will work best for you.
