California Expungement Law
Expungements are based on state laws and not on the federal level, which results in every state has its own laws on the issue. Some states are more strict on this issue than others. Fortunately, in California, you have a high chance of successfully expunging your criminal record.
A successful expungement is the process of wiping your record clean of any criminal convictions. The record will not be sealed, but instead, a Mission Viejo judge will reopen the original criminal matter and dismiss the case under specific Penal Codes such as 1203.3 and 1203.4. After this process, the conviction will not show up on any background or criminal record. Employers and landlords will see a clean slate.
Are You Eligible?
There are many different paths to take to having a criminal record expunged in Mission Viejo. Each path has its own requirements, but all paths have common requirements that must always be met. These requirements include:
- You must have been charged and convicted in a California state court
- You must have finished all sentencing requirements associated with the original conviction (paying fines and restitution, attending ordered classes, performing community service)
- You must have completed any probationary period; however, you can apply for an Early Termination of Probation to shorten your probation period
If you served time in county jail, expunging your record will be much easier than if you spent time in state prison. Although possible, these expungements become more complicated and are usually limited to seeking a Certificate of Rehabilitation instead of an expungement.
The facts based on your individual case will determine if you are eligible for an expungement or not. Our attorneys can review your case and help assess the best option for you. Please contact us at (657) 217-2799 to learn more about options available to your specific situation.
Expungements can take anywhere from 2-8 months depending on how busy the courts are. An attorney can help take steps to speed up the process and get your record expunged much quicker than usual.
Step 1: Preparation
First, your attorney will spend 1-2 months, helping you prepare and develop the strongest case possible.
Step 2: Filing
Once completed, we will file a motion for your expungement with the Orange County Superior Court. The case will be assigned to a judge, and the district attorney will be notified of the action.
Step 3: Present
The judge will decide whether you are worthy of expungement or if they would like to have a hearing. If there is a hearing, you will need to present your argument for why you are eligible for expungement. Keep in mind that the prosecutor will also be notified of the hearing and choose to attend to raise objections against your case. We will work with you to develop the best arguments to present your case to the judge confidently.
Step 4: Expunge
Finally, if the motion is successful, the conviction will be removed from your criminal record. You will be able to apply for employment, housing, professional license, loans, or education opportunities without stressing about what they might find on a background check.
There are a few limitations when it comes to expungements in Mission Viejo. An expungement will not restore your firearm rights or a suspended driver’s license.
Benefits of Expungement
A permanent criminal record can make it difficult to move on with your life. This is why it is worth your time to seek record expungement by hiring a Mission Viejo attorney through EZ Record Clean. Here are the top benefits that you will receive from a successful expungement:
- Obtain Employment – Most employers conduct background checks on potential employees and overlook people’s job applications with a criminal record. If your record is expunged, they will not see the criminal conviction, and you can legally answer “No” when asked if you’ve been convicted of a crime.
- Find Housing – Landlords also commonly run background checks on potential tenants. If a landlord learns you have a criminal record, they are less likely to accept you and are more likely to charge you higher rent if accepted.
- Receiving A Loan – Taking out a loan can help you take back control of your finances. Unfortunately, some loan agencies will look at your criminal record to determine if you are eligible for a loan. This leaves you subject to high interest rates or loan denials.
- College Application – College administrators will typically deny applicants who have been convicted of a crime. Expunging this conviction will prevent these universities from seeing the conviction on your background check.
Clean Your Record Today
Expunging a criminal record can be one of the best things that you have ever done. Due to this, it is important to hire an expungement lawyer in Mission Viejo that can help you ensure the expungement is successful. Know that the prosecuting attorney could try to argue against your motion. You can expect them to fight hard to keep you convicted of the crime. To combat this, an experienced attorney will help prepare you for the hearing and ensure that you provide the best argument for your case.
A criminal record will weigh you down for the rest of your life. Background checks have become a standard procedure for employers, licensing companies, landlords, financial institutions, and universities. If you are tired of being haunted by your past, contact us today at (657) 217-2799 or take our free online expungement assessment.