For those who have a criminal record that is interfering with their ability to live their best lives, there are various steps they may take to move on with their lives. One of them is to determine whether or not you are eligible for expungement. Continue reading to learn more about the qualifications and to determine whether or not you satisfy them. For more information, call Chambers Law Firm at 714-760-4088 to speak with a criminal defense attorney who will fight for your rights in the court of law.
1. Identifying your eligibility
First and foremost, you must determine whether or not you are qualified for expungement of your record. Not all types of convictions are considered to be valid. All of the following conditions must be met in order for you to be considered eligible:
- Your conviction was for a misdemeanor or a wobbler violation that might be reduced to a misdemeanor if the circumstances were right
- There was no state jail term handed down in your case
- There was no violence in your crime, and there were no major vehicle code violations, nor were there any sex crimes committed against children
- Your conviction took place at least a year before
- Your probation was never revoked because of a minor infraction
- Your criminal record has not been cleared of any charges during the past year prior to the date on which you are asking for expungement
- You successfully completed all of the terms of your sentence
- You are not currently serving a sentence or facing any criminal accusations at the time of this writing
In the event that you fulfill all of the conditions, you may be eligible to have your conviction erased.
2. Ensure that you have completed any prerequisites you may have
There may be certain preliminary procedures you need to complete before you can begin the formal process. For example, if you are currently on probation, you may need to submit a Motion to Terminate Probation, or a petition to have a felony conviction reduced to a misdemeanor. Your attorney will provide you with information on the forms you will need to complete.
3. Prepare your paperwork in advance
There are a range of documents that the court will want you to provide, the specifics of which will vary depending on your situation. For example, you may be required to provide confirmation that you have paid all penalties and restitution, copies of the paperwork indicating that your charge has been reduced, and other documentation. Once again, your attorney will assist you in ensuring that you receive the proper paperwork.
4. Obtain an expungement order
Once you are certain that you satisfy the standards and have all of the necessary documentation, you may petition for expungement. You shall carry out your sentence in the county where you were convicted. This might be as simple as handing the papers over to the court, or you could be needed to personally serve the papers on the D.A.
Despite the fact that this is a pretty basic procedure, making even a single error might cause needless delays in the completion of the procedure. Please call Chambers Law Firm at 714-760-4088 to schedule a free legal consultation with a qualified lawyer.
