Expungement Questions

What is expungement?
In California, expungement refers to the legal process of dismissing or setting aside a person’s criminal conviction in which he/she plead “guilty,” “no contest,” or was found guilty by a judge or jury at trial. After a successful expungement, a person’s court file is updated to reflect that a plea of “not guilty” has been entered, pursuant to Penal Code 1203.4.  It is important to note that expungements do not erase or destroy a criminal record. The arrest, prosecution, and conviction remain in the file. However, although an expungement does not erase a conviction, it will help clear a person’s name in the public record and allow them to move forward with his/her life. If you would like more information regarding expungements, please contact our California expungement attorneys for assistance.

What is sealing?
Record sealing is the process of removing or erasing criminal convictions and arrests from someone’s permanent record. Unlike expungement, record sealing completely destroys the criminal record and all relevant information, such as finger prints, booking photos, arrest records, documents, case disposition, etc. Once the records are successfully sealed, it is as if the arrest and/or conviction never happened or existed. Furthermore, once a record is sealed, a person can deny his/her arrest/conviction as if it never occurred. If you are interested in getting your criminal record sealed, please contact our talented California record sealing attorneys for more information.

Can all criminal convictions be expunged?
Unfortunately, no. Almost all misdemeanors and some felonies usually quality for expungement. In California, an individual can expunge their felony conviction if he/she successfully completed his/her terms of probation and did not serve time in state prison. If you have been convicted of a crime, please contact our skilled California record clearance attorneys. We can evaluate your case, and discuss the best options for your unique situation.

Who can access my criminal record?
Because criminal records are considered “public record,” anyone can access your record, unless it has been sealed. For more information about criminal records, please contact our experienced California record clearance attorneys.

How long does a criminal record stay with you?
Criminal records remain on file indefinitely, and are not automatically erased after a certain amount of time. The only way to completely erase your record is to get it sealed. If you have a criminal conviction that you would like sealed, don’t hesitate to contact our successful California record sealing attorneys for a free consultation.

What are the qualifications for expungement in California?
In order to get your case expunged, there are certain requirements that must be met. Once the following requirements have been met, then you are eligible to petition for expungement.

1. You have successfully met and completed the terms of your probation. If no probation was granted, it has been at least 365 days since you entered a plea of “guilty” or “no contest.”
2. All fines were paid as required by the court
3. All court orders were obeyed
4. You have no new criminal offenses, and are not on probation for other offenses

If you have a criminal conviction that you think should be expunged, our talented California expungement attorneys can evaluate your case, and discuss your options. Contact us today for your free consultation.

Why should I get my conviction expunged?
Expunging a criminal record increases a person’s chance of securing employment, housing options, a professional license, and other benefits. Expunging your record is good way to put your past behind you, and move toward a more fulfilling future. For more information regarding the benefits of California criminal record expungement, please click on the link provided, or contact our experienced attorneys today for your free consultation.

How long does it take to get my record expunged?
The amount of time it that takes to expunge a record will depend on certain circumstances, such as arresting agency, the county where the arrest/conviction occurred, how old the case is, and whether or not court records are easily accessible. Generally the process takes about one to four months from the date of your petition for expungement. For more information about California record expungement, please contact our skilled California record clearance attorneys today for your free consultation.

How will I know that my record has been expunged?
If you have been granted an expungement, our firm will provide you with a signed and certified court order indicating that your conviction has been dismissed or set aside. If you would like more information regarding the California criminal record expungement process, please contact one of our attorneys or click on the above link.

If I am granted an expungement, do I still have to disclose my criminal record?
If a private employer asks if you have been convicted of a crime, you may justly reply with “no.” However, if you apply for public office, a state or local license, (real estate, attorney, doctor, etc.), or are contracting with the state lottery, you are required to disclose your conviction. In these situations, you can also state that although you have a conviction, it has been expunged by a California court.  For more information regarding the benefits of expunging your criminal record, please contact our established California expungement attorneys today for your free consultation.

Can I get my felony reduced to a misdemeanor?
Yes, depending on what crime you were charged with. In order to get a felony reduced to a misdemeanor, you must have been convicted of a “wobbler” crime, meaning the crime could be charged as either a misdemeanor or a felony. If your felony has been successfully reduced to a misdemeanor, then our attorneys can petition to get your conviction expunged.

If you would like more information regarding criminal record clearance options, please contact our experienced California record clearance attorneys today for a free consultation.