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FAQ About Expungement in California

FAQ About Expungement in California

Do Your Prices Include All Fees?

Absolutely! We won’t be charging you any additional fees for the services we offer. However, while our flat fee covers court costs, filing fees, copy expenses, and our legal fees, there are two charges you may still need to handle on your own.

You may be required to undergo Live Scan fingerprinting so that our attorney can examine your official California RAP sheet. Typically, Live Scan vendors charge between $25 and $45 for this service.

If you’re a registered sex offender looking to obtain a certificate of rehabilitation or wishing to be removed from the sex offender registry, you may need to undergo a psychological evaluation. This evaluation is meant to assess your level of rehabilitation and the likelihood of reoffending. The cost for these evaluations starts at $500, and we will compile a report to submit to the court. This report is designed to help the judge feel more at ease in granting the relief you are seeking.

What Types of Payment Methods Do You Accept?

We gladly accept payments via Visa, Mastercard, American Express, Discover, Diners Club, JCB, checks, ACH transfers, and wire transfers. If you prefer another payment method, reach out to us and let us know.

We won’t impose any fees for the payment method you choose. However, please keep in mind that your bank or financial institution may charge you a fee.

Any payment you make to us that isn’t in United States dollars will be automatically converted to U.S. dollars by a financial intermediary, which will charge conversion fees to your payment. Only the amount we actually receive in U.S. dollars after this conversion will be credited to your account as payment.

What Does Your Money-Back Guarantee Entail?

To summarize, if we aren’t able to resolve your case successfully, we’ll quickly refund the fee you paid us in the situations outlined below:

1) In cases of misdemeanor expungement, you may qualify if you did not violate probation, excluding DUI or “wet reckless” offenses. For infraction expungement, eligibility requires that you’ve fully complied with your court-ordered sentence, obeyed all laws since your judgment, and waited at least 367 calendar days from that judgment date.

2) When it comes to sealing arrest records, you can do so if the arrest didn’t stem from a pattern of domestic violence, child abuse, or elder abuse convictions. Additionally, you shouldn’t currently be facing any charges, serving probation for any offense, or undergoing any criminal sentence. This status must remain unchanged throughout the entire process of clearing your case.

3) If the court mandated that you pay any fines, fees, costs, or restitution, it’s essential that you’ve settled all payments in full and on time.

This is just a brief overview of our Money-Back Guarantee. Specific terms, conditions, and limitations apply, which are outlined in our Attorney Representation Agreement. Rest assured, we’ll inform you in advance if our Money-Back Guarantee applies to your situation.

How Much Time Will it Take to Resolve My Case?

Typically, the process takes anywhere from 2 to 6 months. If your case is straightforward—like a single offense for a common crime—and relatively recent, with courts readily available, it could be resolved more quickly. On the other hand, if your case requires several steps, is over 10 years old, the courts are experiencing delays, or it’s particularly contentious, the process might take longer.

What Makes Hiring a Law Firm Essential for Me?

There are several reasons why hiring a notary or a document preparation service might not be worthwhile. The most straightforward reason is that we have the legal authority to represent you in court, whereas notaries and document preparation services do not.

Notaries and document preparation services cannot represent clients in court because they are not licensed attorneys. Doing so would constitute the unauthorized practice of law in California, a misdemeanor. This is a crucial point to understand. You definitely don’t want to find yourself in court facing off against one or more seasoned prosecuting attorneys. If you aren’t a skilled criminal law attorney like they are, it wouldn’t be a fair fight at all.

Imagine you find yourself standing in front of the judge during a live, in-person hearing, and suddenly the prosecutor objects to your petition or evidence. This happens frequently, often for the slightest of reasons. How would you respond in that moment? If the prosecutor requests the court, which seems logical to you, how can you tell if it’s actually a trap? You might be surprised to learn that one of the tactics often used by prosecutors is to set traps for their opponents—traps that the opponents may not recognize until it’s too late. That’s why it’s crucial to have an experienced attorney on your side. Your future is far too important to leave to chance.

Exercise caution when dealing with anyone who offers legal assistance but is not a licensed attorney. Attorneys and law firms in California are regulated by the State Bar, which imposes strict educational and licensing standards. In contrast, notaries and document preparation services lack such regulation. This licensing is a crucial safeguard for the public, ensuring that legal work is handled competently by qualified professionals. Competence is especially important in significant legal matters like yours. We’ve witnessed how mistakes made by public notaries and document preparers can devastate lives. Not only do we bring you qualified, experienced legal expertise, but we also carry a $750,000 malpractice insurance policy to ensure your protection.

Should I Have the Public Defender Handle My Case?

It’s unlikely. Typically, public defenders who offer criminal record-clearing services either charge a fee (yes, the same overworked public defenders who handled your case the first time—often without success—might now ask for money). Even if the services are free, you might find yourself waiting over a year before they actually begin.

It’s crucial to understand that, unfortunately, you might not get the attention you deserve and could end up at the bottom of the priority list. For perspective, the Bureau of Justice Statistics, part of the U.S. Department of Justice, reported that in 2013 each public defender was managing an overwhelming caseload of 50 to 500 cases. These cases varied significantly, from DUI offenses to robbery and even murder. Naturally, all of these cases will take precedence over yours. This is largely because public defenders have a constitutional duty to provide legal assistance in criminal matters, while cases involving individuals no longer facing criminal penalties receive less attention.

Don’t settle for being sidelined with a public defender. Opt to be a priority with us. Here, you won’t have to compete for attention against someone facing life-or-death situations. Our sole focus is on resolving cases effectively. So why not invest wisely and choose the best option available?

Should I Attempt to Resolve My Case on My Own?

Absolutely not! We genuinely want to earn your business. However, if you choose not to hire us, you must find another licensed attorney or law firm to represent you. Trying to handle your case on your own—or opting for a document preparation service or notary—just isn’t advisable.

Why? Because a poorly executed attempt to resolve your case could permanently hinder your chances of success! It may also negatively impact any other cases you have, particularly if you’re dealing with an ongoing immigration or civil matter. Be mindful that providing inaccurate information on forms or miscommunicating with the court or prosecutor can lock you into those incorrect positions for good. Unfortunately, these missteps can be detrimental to your case. We’ve witnessed this happen with numerous prospective clients.

The main issue we’re facing is that, without prior experience handling cases, you won’t realize you’re making a misstep until you’re in a position that’s hard to change. Trust us when we say this: prosecutors deliberately aim to corner people into unfavorable situations, and they keep detailed records of those mistakes.

Handling your case is a serious matter and can significantly impact your ability to work, obtain licenses, pursue education, and more. It’s not something to take lightly, thinking, “I’ll give it a shot myself, and if I can’t pull it off, I’ll just hire a lawyer later.” We would be honored to assist you in clearing your case. However, if you choose not to work with us, please make it a priority to hire another qualified attorney or law firm.

Will the Victim Participate in the Case-Clearing Process?

Victims have the right to be involved in your case at any stage, even after a conviction. However, it’s uncommon for victims to participate unless you encourage them.

If your case includes a victim and you maintain a good relationship with them, a positive testimonial from the victim can be incredibly beneficial. This testimonial could come in the form of a signed statement, which we would submit to the court, or it could involve the victim speaking directly to the judge. Either way, having the victim provide a favorable impression of you can greatly enhance your chances of getting your case cleared.

There are certain situations where you might prefer not to see, interact with, or disturb the victim, and we completely understand that. Here’s what you should know: under the Victims’ Bill of Rights Act of 2008—commonly referred to as Marsy’s Law or Proposition 9—the victim in your case has the legal right to be heard during court proceedings. However, whether the victim wishes to speak up is another matter altogether. From our experience, most victims tend to avoid lengthy legal processes long after a conviction. In fact, very few of them do.

That said, we have encountered a few instances where the victim of a sexual offense utilized her rights under the Victims’ Bill of Rights Act of 2008 to oppose our client in court. It’s important to note that while such cases are extremely rare, if you find yourself in this situation, it is unlikely that the judge will dismiss your case. California superior court judges, like mayors and city council members, are elected officials who must be re-elected to continue serving. Keep in mind that it is generally not well-received for a judge to dismiss the case of a sex offender against the strong wishes of the victim.