Fullerton Expungement Law
Each state in the United States has different expungment laws when it comes to criminal proceedings. California Penal Code 1203.4 is the expungment law for this state and can be very complex, which is why an offender needs to consult a Fullerton expungement attorney in regards to each specific case. Each case will be different so some crimes may qualify for this procedure, while others may not.
California Law states that the prosecutor has to be notified of the application for expungement at least fifteen days prior to the hearing. This is designed to provide the prosecutor ample time to review the case and prepare any objections to the expungement. The plantiff will be required to attend the hearing and it will be Fullerton expungement attorney beside you to ensure your case is handled properly, especially if the prosecutor presents any objections.
The Various California Expungement Options:Expunge convictionsReduce a conviction to a misdemeanor from a felonyEarly closures to probation sentencePurging non trafficking marijuana recordsDestruction of and sealing a juvenile recordDUI case expungement
The options for expungement include both misdemeanor and felony convictions for the above cases. Certain restrictions do apply to each, especially if the offender has more than one offense on the record. Your expungement attorney in Fullerton can help identify you qualify for the expungement hearing.
Qualifications for Expungement
In California, a person qualifies for expungement if they have been convicted of a misdemeanor or felony crime and have either completed their sentence or have been granted an early release from probation. For eligibility, the offender has to fulfill all the conditions of their probation, including settling their fines and restitutions, attending counseling, and finishing any community service or any other aspect required as a part of the sentence. When applying for the expungement in Fullerton, the offender must have a clean record where they are not imprisoned, have any other charges against them, or are on probation for another criminal offense.
Again, an offender does not have to be finished with their probation for the crime they are trying to get expunged, but they will need to obtain an Early Termination of Probation with help from their expungement attorney in Fullerton, California in order to qualify for the expungement. This is relatively simple with help from the attorney if the plaintiff has successfully completed the terms of the probation and there are valid circumstances that justify the termination of the probation including limitations from employment, advancements at a current job, or restrictions from necessary travel. Most often an offender will have to complete at least twelve to eighteen months of the probation before the motion is considered. Fullerton expungement attorneys can address all these issues for you if you are considering applying for an expungement.
Ineligible Persons for Expungement
Any person that was sent to a state prison in California as a part of their sentence is ineligible for expunging their offense. The same is also true to those who receive probation violations. According to Penal Code 288 PC, sex offenses against children also disqualify people from expungment. This includes sodomy with a child, oral copulation with a child, and sexual intercourse between persons 21 years and older with humans under the age of 16.
Limitations of Expungements
Even if the appeal to have a crime expunged is successful, it does come with some limitations. Expungements do not restore a revoked or suspended driver’s license, or allow the plantiff’s right to own or possess a firearm. If a plantiff is a registered sex offender they will still have to register under Penal Code 290 PC. In addition to this, expungements may still be used as prior convictions in order to strengthen sentencing and for “strikes” as there is a California three strikes law that the crime will still qualify under. Some of these issues, however, can be resolved with help from your expungement attorney in Fullerton as the California Certificate of Rehabilitation and California Governor’s Pardon can allow some relief to these issues.
Duration of Expungement Process
A plantiff may apply for an expungement after the satisfactory completion of their probation or after obtaining the Early Termination of Probation from the courts. The process of combining motions can also speed along the case where early terminations of probation or reducing felony offenses to misdemeanors can be packaged with the motion to expunge the conviction. The entire process usually takes one to two months, but can be expedited if clients are actively seeking employment. The cost for the process usually starts at $120 for court fees.
Benefits of Expungement
An offender can legally say “no” if they are asked if they have a criminal record unless they are applying to become a peace officer, run for public office, if they want to work for The California Lottery Commission, or if they apply for a state license in California. This will dramatically increase the chances of obtaining employment after a conviction. This will prevent employers from detecting anything from a criminal background check. This is well worth the time and with the help of a Fullerton expungement attorney, the process can be quick and stand the best chances of clearing the criminal record of the offender.