Palm Desert Expungement Law
All states have their own expungement laws for criminal proceedings. Penal Code 1203.4 is the expungement law for California and can get very complicated when successfully filing with the court. This is why it is important to consult a Palm Desert expungement attorney regarding each specific case. Each case is unique, which means that some crimes might qualify while others don’t.
When filing for an expungement, you must notify the prosecutor of the application at least fifteen days before the hearing. This will give the prosecutor time to review the case and prepare objections against the expungement. The plaintiff will be required to attend the hearing and support why they are worthy of an expungement. This is why it is important to hire a Palm Desert attorney to ensure that your case is handled properly.
There are multiple options when it comes to expunging a criminal record in California. These options include:
- Expunge convictions
- Reduce a felony to a misdemeanor
- Early closures on probation sentence
- Purging non-trafficking marijuana records
- Destruction and sealing of a juvenile record
- DUI expungements
There are different restrictions based on whether the crime was a felony or a misdemeanor, especially if the offender had more than one offense on their record. Your attorney in Palm Desert can see if you qualify for an expungement and help with your case if you do qualify.
Any California resident qualifies for expungement if convicted of a misdemeanor or felony and completely served their sentence or was granted early release from probation. For eligibility, the offender:
- Must fulfill the conditions of their probation
- Must settle all fines and restitution
- Attend counseling
- Finish any community service or other aspects of the sentence
To apply for an expungement, the offender must have a clean record. This means they cannot be imprisoned, have any other charges against them, or are on probation for another criminal offense.
An offender does not have to be finished with their probation for the crime they are trying to expunge, but they will need to obtain an Early Termination of Probation with help from their Riverside County attorney. With help from an attorney, this can be relatively simple as long as the plaintiff has completed the terms of the probation, and there are valid circumstances that justify the termination of probation. These circumstances include limitations from employment, advancements at a current job, or restrictions from necessary travel. Usually, the offender must complete at least 12-18 months of probation before the motion is considered. An attorney can help you address these issues if you are considering applying for an expungement.
Ineligible Persons For Expungement
Any person sentenced to state prison in California or who received probation violations is not eligible for expungement. According to Penal Code 288 PC, this is also true for sex offenses against children. 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.
Even if an expungement is successful, there are a few limitations. Expungements do not restore a revoked or suspended driver’s license or allow the plaintiff the right to own or possess firearms. If a plaintiff is a registered sex offender, they will have to register under Penal Code 290 PC. Expungements may also be used as prior convictions 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 can be resolved with help from a Palm Desert attorney, as the California Certificate of Rehabilitation and California Governor’s Pardon can allow some relief.
How Long Does It Take?
A plaintiff may apply for an expungement after completing their probation or after obtaining the Early Termination of Probation from the courts. The process of combining motions can speed up the case where early terminations of probation or reducing a felony to misdemeanor can be packaged with the motion to expunge the conviction. The entire process usually takes 1-2 months but can be sped up if the client is actively seeking employment. The cost of this process begins at $120 for court fees.
Benefits of Expungement
Multiple benefits come with expunging a conviction on your criminal record. If you are asked if you have a criminal record, you can legally say “No” as long as you are not applying to become a peace officer, run for public office, work for The California Lottery Commission, or a state license in California. Expunging a conviction will dramatically increase employment, housing, education opportunities, and more. Expungements prevent employers and landlords from detecting anything on your criminal background check. This can be well worth the time with the help of a California expungement attorney.
Contact Us Today
If you are looking to expunge a conviction on your criminal record, you have come to the right place. At EZ Record Clean, you will have one-on-one support from a professional expungement attorney that has been helping people clean their criminal records for years. If you are interested in taking back control of your life, give us a call at (760) 359-6260 or take our free online expungement assessment.