What Is Infraction Expungement?
Infractions are offenses including petty theft, marijuana possession, disturbing the peace, trespassing, fraud, illegal purchase of alcohol, and failure to appear in court that result in a fine but no jail time. These convictions do not automatically clear from your record and will need to be expunged to not show up on background checks.
Benefits of Expungements
Employers are using criminal background checks more and more to eliminate applicants for a job. It is very important to know what is on your criminal record and try to remove any convictions if possible. Expunging convictions from your criminal record come with multiple benefits, including:
- Most private employers can’t ask you about convictions that were dismissed under Penal Code 1203.4
- Convictions can’t be used against you for employment or promotion opportunities
- Your infraction conviction will not show up on most employer background checks
- You can honestly and legally answer “No” when asked if you have been convicted of a crime
- Increase your chances of employment, housing, professional licensing, and educational opportunities
- Truthfully tell your friends and family that you have never been convicted of a crime
California Infraction Expungement Requirements
Expungements come with a few requirements for eligibility, including:
- You successfully completed probation
- You paid off all restitution and court fees related to the case
- You have no pending criminal issues facing you
- You never served time in state prison, or you would’ve served time in county jail after the implementation of “realignment” under Prop 47
The Expungement Process
First, you will need to complete and submit a “Petition for Relief” form to a California court. The court will review your petition and decide whether you are eligible and if they want a hearing. Although uncommon, if there is a hearing, you will be required to present an oral argument for your case. It is important to hire an attorney to help you through the process and increase the chances of a successful expungement.
How Long Does It Take To Update My Record?
After a successful expungement, the court will usually update their records within 48 hours while the Department of Justice (DOJ) will update its file within 30 days.
What If I Don’t Remember The Details of My Case?
It is normal for people not to remember all of the details of their case. Our attorneys can assist you with case research, which will pull all of your case documents together. We will use these documents to assess the best way of going about expungement.
Contact Us Today
If you have been convicted of an infraction and are having trouble getting hired, we are here to help. Our attorneys can help expunge your conviction so that it can no longer be used against you when applying for a job. Give us a call at (657) 217-2799 or complete our free online expungement assessment.