Blair Defense Criminal Lawyers | August 8, 2024 | Criminal Law
Expungement can offer a fresh start for many who have completed their sentences and maintained a clean record since their conviction. It’s important to know whether you qualify, how the process works, and what effects an expungement can have on your life.
What Exactly is an Expungement?
Expungement generally refers to the legal process through which a defendant’s criminal record is essentially erased or sealed from public view. In California, this procedure allows individuals who have fulfilled the terms of their sentence and probation to petition the court to dismiss their charges (if eligible).
However, there are limited circumstances where these records can still be accessed. Certain government agencies and law enforcement entities retain the ability to view expunged records for certain purposes.
Expungement Eligibility in California
If you’re considering an expungement in California under Penal Code 1203.4, it’s essential to understand the eligibility criteria:
Completion of Sentence
You must have completed all aspects of the sentence you received, meaning you cannot file for an expungement while you are incarcerated or on parole.
Successful Completion of Probation
You must have fully adhered to all conditions of your probation, whether it was for a misdemeanor or felony charge. This includes attending all required court appearances and completing any mandated programs or community service hours.
No Pending Charges
If you are currently charged with a criminal offense or on probation for another offense, relief cannot be sought until these matters have been fully resolved and after the designated time period has passed.
Waiting Time to Expunge Your California Criminal Record
The waiting time for clearing (dismissing) a criminal charge varies based on the type of offense and its resolution.
Here’s an overview of when you should be eligible for expungement if you meet all necessary criteria:
- Misdemeanor Arrest with No Charges Brought: A misdemeanor can be cleared one year after the arrest if no charges were filed.
- Misdemeanor Charge that Gets Dismissed: You can seek to clear your record immediately following the dismissal of the charge.
- Misdemeanor Conviction with Probation: Once you have successfully completed your probation, you are eligible to have your record cleared.
- Misdemeanor Conviction without Probation: If you were not granted probation, your record can be cleared one year following the conclusion of your case.
For felony records, the timelines differ:
- Felony Arrest with No Charges Brought: In this case, your record can be cleared three years after the arrest.
- Felony Charge that Gets Dismissed: You can apply to clear your record immediately after the dismissal of the charge.
- Felony Conviction with Probation (Excluding Serious, Violent, or Sex Offenses): You are eligible to have your record cleared after completing probation, provided the offense does not fall into the categories of serious, violent, or sex crimes.
- Felony Conviction without Probation (Excluding Serious, Violent, or Sex Offenses): For felony convictions where probation was not imposed and the crime is not categorized as serious, violent, or a sex offense, you can seek to clear your record four years after the sentence has ended (with some exceptions).
Understanding the specific timelines and criteria for expungement is essential to ensure you can clear your criminal record and move forward with your life.
What Are the Benefits of Expungement?
Expungement offers several benefits that can profoundly impact your life. Some of the most common and beneficial reasons for expungement include the mitigation of collateral consequences.
Opening New Employment Opportunities
An expunged conviction often means you won’t need to disclose it on most job applications, widening employment possibilities. Employers typically run background checks before officially hiring someone, so it’s a significant benefit if a criminal conviction doesn’t pop up in their check.
Restoration of Professional Licenses
In some cases, getting your record expunged can help you acquire state-issued professional licenses, which are critical for your career progress. For example, if you’re seeking a license in the medical or legal field, an expungement could make it significantly easier to do this successfully.
Access to Housing Opportunities
With an expungement, securing housing may become less complex since many landlords perform background checks before renting. Without a criminal record showing up on these checks, it improves rental option prospects greatly.
A California Criminal Defense Attorney Can Help You With an Expungement
If you believe you may be eligible for expungement, it’s wise to consult a lawyer as soon as possible. Contact our San Diego criminal defense lawyers today to schedule a free consultation.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977 or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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