Peter Blair | April 5, 2016 | Expungement
If you have been convicted of a crime, you probably served your time and worked toward a better future for yourself. Now it’s time for you to look into renting a new apartment, receive a new job, and take some important steps to get your life back on track – however, your criminal conviction may get in the way of your ability to do so. If a landlord or an employer wants to access your criminal background, they may find your conviction and you may be denied basic rights of life because of it. Criminal convictions follow some people until the end of time, but that does not mean that this has to be the case for you. No, expungement is an action that may work in your favor. Expungement helps you clear your record and help you get on with your life after you have committed a crime. Great, so now you may wonder where to begin. Getting a record expunged is not always the easiest route, but it is not impossible in most cases. First, you must consider the criminal record that you are dealing with and whether or not expungement will apply in your case. Let’s say that you received a misdemeanor and you were put under the authority of the Department of Corrections and Rehabilitation – you will probably be fine when applying for a dismissal. However, there are some aspects of a crime that will make you ineligible for expungement.
Unfortunately, not every criminal conviction is eligible for expungement. If you have received multiple offenses on your criminal record, for instance, you will probably not be eligible, though this is at the discretion of the court. If you have been convicted of one offense between the first time you received a conviction and the time in which you actually apply for expungement, you will probably be denied. If you served time in State prison for a felony, you will probably be denied expungement. Furthermore, if you have convicted a felony relating to rape, child molestation, or another sexually based offense, this will probably not be an option to you. Here are a few other situations in which you will be deemed ineligible:
- A misdemeanor within the provisions of Vehicle Code section 42002.1
- Any infraction within the provisions of Vehicle Code section 42001
- Any violation of Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j)
- A felony under Penal Code section 261.5(d)
Furthermore, there are some other offenses in which you must understand the provisions of if you have been convicted and have questions. For instance, if you were convicted of possession of marijuana for personal use, then you will not need a dismissal because after January 1, 1976, all convictions are erased from your record after 2 years. As for Juvenile records, you will be eligible to petition to have your records erased as of your 18th birthday. Hopefully you have received the help you need to find out if you are eligible for a dismissal. There are many misdemeanors that apply to these cases. If you need an attorney through the process of expungement in California, you will want to choose an attorney who has the experience necessary in your time of need so you can get a brighter start to your future. Find out more by calling The Law Office of Peter Blair today.