If you have been arrested or convicted for committing a crime as an adult, you may qualify to get an expungement of your record(s).
An expungement is a legal way to clean up your record or criminal conviction. It does not erase your adult record but it does give you the legal right to answer “NO” on job applications when asked if you have ever committed a crime. In other words, an expunged conviction does not need to be disclosed to a potential employer on job applications.
What is an Expungement
Under California Penal Code 1203.4, an expungement is a form of post-conviction relief. It releases a person from “all penalties and disabilities” arising out of a conviction.
Would an expungement of my record help me obtain an professional license?
It could depending on the crime committed, and the type of professional license you are trying to obtain. More often than not, an expunged record could show that you made a mistake and that you are doing things to better yourself.
How do I know if I qualify for an Expungement:
- successful completion of probation,
- did not serve time in state prison for the alleged offense.
I am still on probation. Do I qualify to get my record expunged?
Unfortunately no. If you are still on probation for the case you want to expunge, you do not qualify for an expungement. You must have successfully completed probation, have no current open criminal matters, and not serving a sentence for a criminal offense.
What do you mean by “Successful Completion of Probation”
This means, that you completed all the terms of probation such as paying all the fines, completed all the programs, restitution, and other terms required by your probation. This also means, you did not violate probation, and did not commit any new crimes while on probation.
However, just because you violated probation, it doesn’t completely bar your from getting your record Expunged, as there are other factors to look at.
The court has discretion to grant your expungement or not if you violated any of the terms of your probation. The judge will look into (but not limited to):
- your overall performance while on probation;
- the seriousness of the charges you were convicted of,
- how much time has passed since you were off of probation,
- what you have done since the incident,
- criminal history,
- why you want the expungement,
- community service, etc.
Not all criminal convictions can be expunged. Certain cases do not qualify for an expungement.
If you are unsure whether or not you qualify for an expungement, contact the Law Office of Jimmy Cha in Fullerton, CA. for a free consultation.
Will an expungement restore my gun rights?
NO. An expungement does not restore your rights to own a gun.
Can an expunged conviction still be used against me?
Yes. An expunged conviction may still be used against you as a prior conviction to enhance the penalties of your new case.
A prime example of this would be in the situation of a DUI. For example, if you received a DUI conviction and expunged your record after getting off probation, and received another DUI within 10 years, the expunged DUI can be used against you to enhance the penalties of your 2nd DUI.
Also, if the expunged conviction was a “strike” for the purposes of California’s three-strikes law, then it will still be considered a “strike” regardless of the expungement.
Contact the Law Office of Jimmy Cha
If you or someone you love could benefit from an expungement and are looking to hire an attorney, contact the Law Office of Jimmy Cha. We provide free consultation. The Law Office of Jimmy Cha, is located in Fullerton but we provide services in the greater Los Angeles County, Orange, Riverside, San Bernardino, San Diego, Ventura, and surrounding counties.