Don’t Let Your Past Mistakes Affect Your Future
Under Penal Code 1203.4 an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction.
An expungement is the sealing of a criminal record which must be granted by the Court. If the Court grants an individual’s request to seal his or her record then past criminal conviction(s) will no longer show on that individual’s record.
Eligibility:
Before you begin the expungement process, it must be determined whether you are eligible for an expungement. In California, if you must meet 3 conditions:
- You are not currently serving probation;
- You have not been charged with another crime; and
- Your crime was a misdemeanor or a felony that could have been charged as a misdemeanor.
California requires probation to be completed before expungement is granted. Nevertheless, courts often grant early termination of probation. However, if you are still serving probation, you can request the court to end your probation early. If this happens, you will be required to pay all of your fines, fees, and restitution before proceeding with the expungement process
Most misdemeanors and many felony convictions can be expunged from one’s record. However, serious felonies in which a person served prison time, not county jail time, can NOT be expunged. Nevertheless, there are alternative methods that may be used to seal a serious felony from one’s record.
The California Expungement Process:
- The filing of the petition
- Withdrawing your guilty plea
- Entering into a permanent not guilty plea
- Dismissal of charges
- Closing the case without a conviction
Once your record is successfully expunged, no criminal convictions will appear on your record when a background check is performed.
Expungements for a misdemeanor case will usually be completed between 4 to 6 weeks from the date the action is filed. A person’s record is usually cleaned within 4 to 6 weeks from the date the action was filed at the proper court.
Expungements for felony cases will usually be completed between the same time frame of 4 to 6 weeks, however it is possible that it will require more time depending on the case. Many felonies may first be reduced to a misdemeanor, and then expunged from the individual’s record.
Although the assistance of an experienced California criminal expungement attorney is not required, it is highly recommended to ensure your petition for expungement is not denied and successfully granted.
Wondering if expungement is an option? Call us today and we will provide you with a free consultation!
18653 Ventura Blvd, Suite 245
Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
