Expungement Law of California
Expungements are based on that state level and not the federal level. This results in every state having different specifications on the issues which makes some more strict than others. Fortunately, California isn’t as strict as most, which means you have a higher chance of successfully expunging your conviction.
An expungement is the process of wiping your record clean of any convictions so that they don’t show up on background checks. The record will not be sealed, but instead, an Irvine judge will reopen the original case and consider it dismissed under a specific Penal Code such as 1203.3 or 1203.4. After the case is dismissed, landlords and employers will not see any convictions on your background check.
Eligibility Requirements
There are multiple ways to expunge a criminal record. No matter which path is taken, they all have common eligibility requirements. These requirements include:
- You were charged and convicted in a California state court
- You finished all sentencing requirements associated with the original conviction
- You completed the probationary period (If not, we can help you apply for an Early Termination of Probation to shorten your probation period)
Expunging a case will be easier if you served time in county jail over state prison. Although possible, expungements become more complicated if you served time in state prison. These cases usually are limited to seeking a Certificate of Rehabilitation instead of an expungement.
Your eligibility is directly influenced by the individual details about your case. Our attorneys can assess your case and develop the best plan to go about securing a better future for you and your family. Give us a call at (657) 217-2799 to learn about all the options available to you.
Our Online Process
With the expansion of the internet, we have upgraded our services to be almost completely online. This means that you almost never have to leave the comfort of your home to expunge your conviction. Our attorney can work on your case and expunge the conviction without you ever having to arrive at court. If there is a hearing, we can usually go on your behalf to argue why your expungement should be accepted.
Step 1: Preparation
The first step is preparation. Our attorneys will work with you to develop a strong case for why your petition for expungement should be accepted.
Step 2: Filing
Next, one of our Irvine attorneys will file the motion for your expungement with the Orange County Superior Court. The case will be assigned to a judge and the district attorney and prosecuting attorney of the original case will be notified of the action.
Step 3: Present
The prosecuting attorney of the original case will have 15 days to prepare any objections against your motion. If so, there will most likely be a hearing. In most cases, one of our attorneys can attend the hearing on your behalf and argue why you should be eligible for expungement. We will work to develop the best arguments to present your case to the judge in the best way possible.
Step 4: Expungement
Finally, if the motion is successful, the conviction will be expunged from your record. This will prevent the conviction from showing on standard background checks which will increase your opportunities for employment, housing, professional licensing, loans, and education.
The Limitations
Expungements do come with a few limitations. For instance, an expungement in Irvine will not restore a suspended driver’s license or your firearm rights.
Expungement Benefits
A conviction on your record can make it difficult to move forward in life. If you are having this problem, seek professional help from one of our Irvine expungement attorneys. When we successfully expunge a conviction for you, you will have access to multiple benefits, including:
- Employment: Nowadays, most employers run standard background checks on potential employees. If they come across a conviction on your record, they tend to throw out the application right away. An expunged record will not be visible to potential employers and you will be able to honestly and legally answer “No” when asked if you’ve been convicted of a crime.
- Housing: Landlords also commonly run background checks on potential tenants and, just like employers, tend to throw out applications of people who have convictions. If you are accepted as a tenant, you will usually be subject to higher rent.
- Financing: Securing a loan through a bank can already be difficult without a criminal record. This can be even more difficult with a criminal conviction. If you are accepted for a loan, you are more likely to be subject to hire rates which make your loan way more expensive.
- Education: College administrators and scholarship managers typically deny applicants who have been convicted of a crime. Expunging a conviction will give you a higher chance of scholarship and educational opportunities.
Clean Your Record Today
Whether you are wanting to clear a juvenile record from years ago or are wanting to remove a recent DUI conviction, we are here to help. We can prepare your case to provide the best arguments in court which ensures a higher chance of a successful expungement.
Don’t let your criminal record weigh you down anymore, hire one of our attorneys to expunge your record. Contact us at (949) 694-5655 or take our free online expungement assessment to see what options are available to you.
