Lawyer and client listening to judgeAssume that you’ve committed a felony or misdemeanor and now you wonder how you’re going to move forward with your life. How will you get hired for a job? What happens if a prospective landlord finds out about your charge and you are barred from renting the house of your dreams? Life can be stressful for those who have committed a crime in the past and want to move on. This is why California has a process known as expungement to help you.

Fulfilling Probation Terms

Under PC 1203.4 (California Expungement Law), if a defendant has fulfilled the conditions of probation and the courts believe that they should be granted relief, they will be released from all penalties and disabilities. This means that nobody is permitted to sue your past conviction against you when it comes to hiring decisions or even ask you about the crimes.

Eligibility 

You may have questions about whether or not you are eligible for expungement. If any of these conditions exist, you are not eligible:

  • If you are still in the midst of serving a sentence or on probation, you will not be eligible. The crime must have occurred in the past.
  • Within a year of the pronouncement of judgment, you were arrested and convicted of a crime.
  • You have failed to appear or pay fines.
  • You were convicted of certain sex crimes involving children.

Even though you will be relieved in some ways, in other ways an expungement will not completely protect you from a past record. When the release of your information is authorized by law, it may still be accessed. If you have more questions relating to expungement in California, you can contact us at The Law Office of Peter Blair today.