Expungement Attorney Michael Erpino
Expunge Your Criminal Record
If you are convicted of any crime in California, Penal Code section 1203.4 allows you to “expunge” the conviction from your record if you have successfully completed the terms and conditions of your probation. Call us today (530) 898-1111 to discuss your case with an experienced Defense Attorney. A criminal conviction can have very serious consequences to your life besides the initial punishment you receive from the Court. Having a conviction on your record can cause you to lose your job or keep you from getting a job. In addition, it can make you ineligible for certain types of employment or government benefits. It can also result in losing your gun rights or other civil rights, as well as cause you to lose or be denied a professional license. Expunging your criminal record is a crucial step to take back control of your life and move on.
Expunging an Infraction or a Misdemeanor
When you apply for a job or fill out any application or background check, a question will frequently appear that asks “have you ever been convicted of a misdemeanor or felony, do not include minor traffic offenses, and you need not disclose any conviction where relief has been granted pursuant to Penal Code 1203.4.” If you have successfully completed probation, you should immediately expunge your criminal record.
Expunging your misdemeanor or infraction conviction involves filing the necessary documents with the Court and the Office of the District Attorney (DA), and paying a Court filing fee. The Court clerk then usually sets a Court date for your application to be heard, the DA can object if you have not successfully completed any of the terms of your probation, but the Judge will have the final say regarding your application for expungement. If the request is granted, your guilty or no contest plea will be withdrawn, the Court will enter a “not guilty” plea on your behalf, and then your case will then be dismissed.
Expunging a Felony Conviction
If you were convicted of a felony offense, and you were not sentenced to prison but were instead granted probation and you successfully completed probation, you may apply to expunge your criminal record. If your charge was what is referred to as a “wobbler” (meaning that it can be charged as either a felony or a misdemeanor), then the first step is make a Motion to reduce your felony conviction to a misdemeanor, then have it expunged from your record *Please Note: Depending on the code section you were convicted of, this process may not restore your gun rights in California or at the Federal Level.
Expunging your felony conviction usually involves paying a filing fee, then submitting the necessary forms and Motions to the Court, the DA, and the Probation Department. Your case is then set for a hearing for the Court to rule on your request, and both the DA and the Probation Department can object. Again, as with misdemeanor expungements, the Court has the final say in your request to expunge your criminal record.
Call Me for a Free Consultation
If you have criminal convictions in any Northern California county call me today for a free consultation to discuss your options. If you successfully completed probation, and you are not currently on probation in any other case, it should be relatively easy to clear up your record. Even if you were unsuccessful on probation, the Court has discretion to grant your expungement in the interest of justice. Courts generally want to assess your conduct prior to the conviction and your conduct after your conviction. In addition, most Judges will consider any letters of recommendation or character references, employment history, and any other factors that will help the Court make a decision on whether to expunge your criminal record. Call me today 530-898-1111 to get started.