Learn the Four Steps Between You and an Expunged Criminal Record

Learn the Four Steps Between You and an Expunged Criminal Record

If you have a criminal record that is preventing you from living your best life, there are several things you can do to move on with your life. One of them is to find out if you qualify for expungement. Keep reading to find out what the requirements are and whether or not you meet them. If you believe you do, contact Chambers Law Firm at 714-760-4088 to work with a criminal defense attorney who will fight for your rights.

  1. Determining if You Are Eligible
  2. First and foremost, you need to confirm that you are eligible for expungement. Not every type of conviction is. In order for you to be eligible, all of the following must be true:

    • Your conviction was 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 not violent, did not involve serious vehicle code violations, and did not involve sex offenses against minors
    • Your conviction was at least one year ago
    • Your probation was never revoked for violation
    • You were not convicted of any crimes within the last year of the date you are applying for expungement
    • You completed all terms of your sentence
    • You are not currently serving any sentence or facing criminal charges

    If you meet all of these requirements then you might be able to have your conviction expunged.

  3. Take Care of Any Prerequisites You Have
  4. There might be some steps you need to take before you begin the official process. For example, you might need to file a Motion to Terminate Probation if you are still on probation, or a petition to have a felony conviction reduced to a misdemeanor. Your attorney will clue you in to the forms you need to file.

  5. Get Your Paperwork Together
  6. There are a variety of papers the court will want to see, the specifics of which will depend on your case. For example, you might need to show proof that you paid all fines and completed restitution, copies of the forms that show your charge was reduced, and others. Once again, your attorney will help ensure you get the right forms.

  7. File for Expungement
  8. Once you are sure you meet the requirements and you have the paperwork ready, you can file for expungement. You will do this in the county in which you were convicted. This might be as simple as giving the papers to the court, or you might be required to serve the papers to the D.A. yourself.

This is a fairly straightforward process but making even a single mistake can lead to unnecessary delays in getting the process completed. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with an experienced attorney.

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