There are many reasons to pursue expungement of your criminal history.
Expungement is a legal process that releases a person from most of the “penalties and disabilities” that are connected with a criminal conviction. It is available to a large number of Californians who have a misdemeanor or felony criminal conviction.
As a criminal defense attorney in Bakersfield, CA can explain, you may qualify for expungement if you meet the following conditions:
- You successfully completed probation for your offense; and
- You either did not serve time in state prison for your offense, or served time in state prison but would have served the time in county jail after realignment under Proposition 47.
For most cases, you will be required to file a petition with a court in the county where you were convicted to start the expungement process. However, after the legalization of recreational marijuana, the California Department of Justice has begun the process of sealing and reviewing all past marijuana convictions that are no longer considered crimes.
There are a number of advantages to having your criminal record expunged. These include:
- Employers cannot discriminate against you when applying for a job based on an expunged conviction;
- It may be easier to obtain a professional license;
- An expunged conviction cannot be used to challenge your credibility as a witness (unless you are being prosecuted for a separate crime); and
- You may avoid deportation or other immigration consequences if you are not a citizen.
Importantly, while California banned the “box” on employment applications, where you would be required to check the box if you had a past conviction, your employer can still ask you about your criminal history once they have made you a conditional job offer. If your criminal record is expunged, then you do not have to tell them about those convictions.
Although there are many benefits to expungement, there are some limitations to the process. Expungement cannot restore your gun rights if you have been convicted of a felony offense, and it cannot end the requirement to register as a sex offender. Expunged convictions may also be used by prosecutors if you are charged with another crime, such as to request an enhanced sentence. Expungement will not overturn the revocation or suspension of your driver’s license. In addition, an expunged conviction for a “strike” offense under California’s Three Strikes Rule is still considered a strike.
A criminal defense attorney in Bakersfield, CA can help you with the process of expungement. This includes checking to make sure that you are eligible for expungement, filing the appropriate paperwork with the local court, and meeting the deadlines for expungement proceedings. For example, a prosecutor must have at least 15 days’ notice of an expungement hearing so that they can review the case and object if they choose to do so. Your attorney can make sure that the prosecutor has notice. Finally, your lawyer can attend the expungement hearing on your behalf.
If you believe that you may qualify for expungement, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We will work with you throughout the process to help you move forward with your life after you have paid your debt to society.
