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| Need to clear up your criminal record? In California, it is possible to get many non violent criminal convictions removed from a criminal record by getting an "expungement". What is an Expungement? Expungement is a legal process through which a person may get a conviction removed from the courts files and criminal record. Effectively, it is a way to clear up your criminal record. It is in effect, a post conviction dismissal. Most states have similar processes, but in California expungement petitions are controlled by the provisions of California Penal Code section 1203.4. If you have an old misdemeanor conviction, such as a driving under the influence conviction, possession charge, or minor felony conviction, getting the conviction expunged has the same effect as a dismissal. Once approved by the court, a record of conviction is removed form the courts files, and the defendant can go on with their life as if the conviction never happened. For people who have lost employment opportunities because of an old conviction, an expungement can be a god send and an economic boost. At the very least, cleaning up a criminal record is a great relief. The process for getting a conviction expunged is somewhat complicated, but if your conviction qualifies, expungements are routinely granted by the courts, but it requires some work and may require court appearances. What kind of cases or convictions can be expunged? Most misdemeanors and minor felonies qualify (see below). But to get an expungement granted, the defendant usually must have completed their sentence without trouble, and have completed any term of probation to its end. New convictions do not qualify, nor do convictions where the defendant is still on probation, or still owes fines or jail time. However, in some cases, probation can be terminated early under authority Penal Code section 1203.3. With felony convictions, the matter is more complicated, but can be done. If the conviction could have been charged by the prosecutor as a misdemeanor or a felony originally (known as a "wobbler" offense), the felony conviction can be reduced to a misdemeanor through application to the court under authority of Penal Code section 17(b) ("17b motion"). Once the conviction is reduced to a misdemeanor, the expungement process is used to expunge it as a misdemeanor, rather than a felony. Expungment petitions can be filed and completed by everyday people. However, an attorney can often do the work faster and more accurately because they have specific training on how to get it done right. And usually, it can be done without the client having to attend a court appearance. If you have an old conviction you want expunged, request a Free Expungement Review and let us show you why it makes sense to have a professional do the work. Here is a table to illustrate what can be done in certain situations:
Frequently Asked Questions Regarding Expungements: Can Probation Be Ended Early? Yes. In California, a defendant may apply for early termination of probation under Penal Code section 1204.3. A motion for early termination of probation is often granted where the defendant have proven substantial compliance wwith probation terms. The judge has discretion to approve or deny a motion for early termination of probation. Where Can I Get Expungements Forms? There is a standardized packet of expungement forms for California created by the Judicial Counsel. They can be found at: http://www.courtinfo.ca.gov/selfhelp/ What If I Had Probation Violations? Probation violations generally will not prevent an expungement as long as probation was not revoked, and was completed at some point. However, a judge does have the discretion to deny a petition. How Do I Find Out If My Probation Is Over? To get information on a criminal conviction and terms of probation, you should contact the criminal division clerk of the court where the conviction occurred. It is usually best to have the case # ready for the clerk. What Sort of Convictions Qualify For Expungement? Most misdemeanors and minor felonies qualify. Common convictions that get expunged are Vehicle Code section 14601 (Driving on a suspended license, Vehicle Code section 23152 (DUI), and Penal Code section 242 (assault). |
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