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FAQ About Expungement in California
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What is expungement?
Expunging your criminal record in California entails submitting a legal petition or motion to the court where your conviction took place, as outlined in California Penal Code 1203.4. This request prompts the Judge to revisit the case, set aside the conviction, and ultimately dismiss the case.
If your expungement petition is approved, the state of California will no longer classify you as a convicted felon, and your permanent criminal record will be updated to reflect a dismissal instead of a conviction. As a result, once the court clears the conviction, you can confidently tell employers, your family, and others interested in your background that you have never been convicted of a crime.
Additionally, the expunged conviction will no longer appear on background checks conducted by employers or landlords. In essence, criminal record expungement gives you the chance to leave your past behind and embrace your future with renewed freedom.
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Why expungement is important?
In today’s digital age, a comprehensive background check can be performed in seconds with just a few keystrokes. These checks are commonly utilized by potential employers, landlords, lenders, and anyone else looking to understand your criminal history before forming a relationship with you.
Once you have completed the criminal expungement process, any employer or landlord running a background check will no longer have access to any information regarding your expunged criminal case. This makes it crucial to clean up your criminal record, especially in such a competitive job market. By expunging your criminal history, you get a “fresh start,” enabling you to move forward in life without the burden of past mistakes affecting your future goals.
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Who is eligible for expungement?
If you have a conviction for an infraction, misdemeanor, or felony in California, you may qualify for expungement of your criminal record if you meet the following criteria:
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Your conviction must have been made in a Сtate court; federal court convictions are not eligible for expungement.
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You did not serve time in state prison. Time spent in county jails or holding cells does not count as state prison time. If you have served time in state prison, you might be eligible for a California Certificate of Rehabilitation instead.
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You must have completed your probation period, or if you weren’t placed on probation, at least one year should have passed since your conviction date. If you are still serving probation, we can file a petition to request an early termination.
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All conditions of your sentence must be fulfilled, including any fines, restitution, community service, mandatory programs, or classes.
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You cannot currently be facing new charges, on probation for another offense, or serving a sentence for a separate criminal conviction.
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Lastly, it’s important to be aware that certain serious sex offenses against children listed in PC 1203.4 are not eligible for expungement. These include specific sections of the California Penal Code: 286(c), 288, 288.5, 289(j), and 261.5(d).
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What are the consequences of violating your probation?
If you violate any conditions of your probation, you still have the option to pursue expungement under PC 1203.4. In cases involving probation violations, it’s essential to present a strong case for your expungement petition. The court will weigh several important factors when deciding whether to approve the expungement:
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Your overall behavior while on probation.
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The severity of the probation violation.
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The seriousness of the original conviction.
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Your complete criminal history (are you a repeat offender?).
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Any evidence that highlights your need for expungement relief, such as struggles in securing employment, responsibilities in caring for dependents, your positive contributions to the community, and any proactive steps taken since your conviction, like enrolling in college or trade school or receiving job promotions.
Our law firm is experienced in navigating complex expungement cases and is committed to building the strongest possible case on your behalf. We will take the time to understand your unique circumstances, helping us to pinpoint and emphasize the most persuasive points for the judge.
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What should you do if you are still on probation?
If you find yourself still on probation, there may be a possibility for you to qualify for expungement relief. We can petition the court to issue an order under California Penal Code 1203.3, aiming to terminate your probation in the interest of justice.
In addition to this order, we can also pursue expungement under PC 1203.4. When the judge approves the early termination of your probation, they generally grant the expungement at the same time. While you can file a petition for early termination at any point during your probation, it’s wise to wait until you’ve completed at least half of the period to boost your chances of a favorable outcome.
Moreover, you need to meet all other sentencing requirements, such as paying fines, making restitution, and completing any necessary classes, programs, or community service. By seeking early termination and expungement of your conviction, you can truly move on from past mistakes and concentrate on building a brighter future.
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What steps should you take if you have multiple convictions?
Many of our clients face multiple criminal cases, but having several does not prevent them from pursuing expungement in California. Each case needs to be handled separately, which means you’ll have to file an individual expungement petition for each case you wish to clear.
We pride ourselves on helping clients navigate various cases to thoroughly clean up their criminal records, regardless of the number or locations involved. If you decide to partner with us for more than one expungement, we offer substantial discounts on all subsequent filings.
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What is the process for expunging records like?
When you reach out to our law firm and sign up for one of our California expungement services will guide you through the following steps:
- We’ll get in touch to welcome you and introduce you to our services.
- We’ll gather the necessary information about your case from the court.
- We’ll ask for details about your case history and personal background to strengthen your expungement argument.
- We’ll assess your case to see if your conviction qualifies for expungement relief in California.
- We’ll explore the current laws and regulations that apply to your situation.
- We’ll draft the expungement petition or motion tailored to your case.
- We’ll handle the filing of all required paperwork within specified deadlines and ensure the prosecuting attorney is served as mandated by Penal Code 1203.4.
- All filing fees and court costs are included in our fixed pricing, so there won’t be any surprises.
- We will represent you at all expungement hearings, meaning you won’t need to attend.
- You’ll receive a signed court order from the judge granting your expungement.
- We’ll ensure that the criminal databases employers and landlords use for background checks are updated to reflect your expungement.
- Most importantly, you can rest easy knowing our services come with a 100% money-back guarantee.
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What benefits can expungement in California offer you?
Expunging your criminal record not only brings about invaluable peace of mind but also offers several concrete advantages:
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In most cases, private employers are prohibited from inquiring about convictions that were dismissed under Penal Code 1203.4, meaning those convictions can’t negatively impact your employment prospects.
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Your expunged conviction will not appear on background checks for either employment or rental applications, alleviating worries about discrimination.
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You can confidently and legally answer “NO” to questions about past convictions on job applications and rental agreements.
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This process can significantly boost your earning potential by opening up a wider range of job opportunities.
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You may also become eligible for various professional licenses and certifications.
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If you successfully reduce a “wobbler” felony conviction to a misdemeanor, you could regain certain rights, such as the right to own a firearm. Refer to the list of California felony “wobbler” offenses for more details.
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Expungement can make you eligible for additional student loans.
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You might qualify for housing assistance, which could improve your living situation.
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You can assure friends and family that you have not been convicted of a crime.
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Ultimately, you’ll have the satisfaction of leaving the past behind and moving ahead towards a brighter future.
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What are the limitations of expungement in California?
While having your criminal record expunged in California offers major advantages, it’s important to note that it doesn’t entirely wipe the criminal case from your record in every circumstance. There are still instances where the original conviction may continue to impact your life.
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An expunged case can still have implications for you in the sentencing of a future case. For instance, if you manage to get a DUI conviction expunged, it can still count as a prior offense if you were to receive another DUI within the next 10 years. In this situation, the expungement won’t hold any weight.
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In California, expungement does not automatically restore your right to own a firearm. If a felony conviction prevents you from possessing a firearm, you’ll need to have that felony reduced to a misdemeanor in order to regain your Second Amendment rights. We specialize in this process, so if you’re looking to restore your gun rights, don’t hesitate to give us a call.
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Expungement doesn’t just seal your record; it actually removes the conviction entirely, updating it to reflect a dismissal. However, your permanent DOJ rap sheet will still include all the details of the criminal case, including the expungement. Fortunately, very few entities can access your DOJ rap sheet, as it requires both your consent and fingerprints. In fact, for the vast majority of employers—over 95%—the standard background checks they conduct won’t reveal anything from your past. And even if an employer requests a DOJ rap sheet directly, an expunged record will still present a much more favorable picture.
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You only need to disclose your previous conviction and expungement in three specific situations, as outlined in Penal Code 1203.4:
- When entering into a contract with the California State Lottery Commission.
- When running for public office, such as governor or mayor.
- When applying for a state license.
If your situation doesn’t fall into those categories after expungement, you can confidently answer “NO” when asked if you have a criminal record.
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COMPLETE CLIENT’S ONBOARDING FORM
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GET YOUR DOCUMENTS AND BACKGROUND CHECK
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WE PREPARE YOUR PETITION
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ATTORNEY REVIEWS YOUR PETITION
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FILING YOUR PETITION AT COURT
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OUR ATTORNEY REPRESENTS YOU IN ALL HEARINGS
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WE OBTAIN YOUR RESULTS
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WE ENFORCE YOUR ORDER
