For many Californians, a criminal record can be a serious obstacle when it comes to finding a job, securing housing, or obtaining a professional license. If you’re one of the millions with a criminal conviction, you may be eligible for an expungement to help reduce these barriers. Consulting with a Long Beach DUI Lawyer can help determine if expungement is the right option to clear your record and open up new opportunities.
What Is Expungement in California?
Expungement is a legal process that allows individuals to petition the court to withdraw a guilty or no-contest plea. If approved, the court will update the case as “not guilty” and dismiss it. This order is then sent to agencies like the FBI and the California Department of Justice, who update your record. Although the record of the arrest or conviction isn’t entirely erased, an expungement enables you to legally state that you were not convicted of the crime, helping most background checks to come up clean.
How Expungement Works
The process begins once an individual completes probation without any new offenses. California law allows expungement for most misdemeanor and some felony convictions if certain criteria are met, including completing probation and avoiding state prison sentences. Working with a Long Beach DUI Lawyer ensures that you follow the correct process and improve your chances for a successful petition.
Eligibility Requirements for Expungement
California Penal Code outlines specific requirements for expungement eligibility. You may be eligible if:
- Probation Is Completed: You must complete probation successfully, with no pending criminal charges.
- No State Prison Sentence Was Served: Only individuals who served time in county jail or did not serve jail time may be eligible. If you served time in state prison, you may need to consider other record-clearing options, as expungement won’t be available.
- Certain Offenses Excluded: Certain convictions, such as sex crimes involving children, violent felonies, and specific vehicle code violations, are not eligible for expungement.
Those who meet these requirements can apply, often with the help of a criminal defense lawyer who can ensure all necessary documentation is completed and guide you through the court process.
Who Isn’t Eligible for Expungement?
Some individuals won’t qualify for expungement in California, including:
- Those with additional pending charges
- Individuals who served a state prison sentence for the conviction they wish to expunge
- Those currently on probation or still serving a sentence
- Offenders with convictions for serious violent crimes, sex crimes involving children, or other specific offenses
If you’re unsure whether your conviction qualifies, consulting a Long Beach DUI Lawyer can clarify your eligibility and explore other options.
The Benefits of Expungement
An expungement can offer various benefits, particularly when it comes to employment, professional licenses, and housing opportunities:
Employment Opportunities
With an expunged record, you can legally say you haven’t been convicted of the crime in question, opening up job prospects that might otherwise be inaccessible. This can be especially important for fields that conduct rigorous background checks, such as healthcare, finance, and education.
Professional Licensing
Many licensing boards in California, including those for nurses, real estate agents, and other professionals, may look more favorably on applicants with expunged records. This can be a significant advantage if you’re seeking to renew or obtain a new professional license.
Housing and Education
Expungement can also help in securing housing, as many landlords check criminal records, and in obtaining financial aid for education, since some student loan programs restrict access for those with criminal convictions.
In short, expungement offers a valuable second chance for individuals seeking a fresh start.
How a Long Beach DUI Lawyer Can Help
Expungement is a detailed legal process that requires proper filing and, in some cases, a court appearance. Working with an experienced Long Beach DUI Lawyer can help ensure you meet all requirements and improve your chances of a favorable outcome. Your attorney can:
- Review your record to confirm eligibility
- Complete and file the necessary paperwork
- Represent you in court, if needed, to argue for the expungement
If you think expungement could benefit you, reach out to Chambers Law Firm at 714-760-4088 to discuss your case. A free consultation with Chambers Law Firm can help you explore your options and take the next step toward a brighter future.
