Frequently Asked Questions
California Expungements


Q: What does a criminal record consist of?
A: It’s a history of all of your arrests and convictions.

Q: How long will my criminal record be available?
A: Criminal records are maintained indefinitely. Criminal records do not automatically disappear after a certain amount of time.

Q: Why is it important to expunge a criminal record?
A: Expunging your criminal record improves your chances of employment, securing a professional license, renting an apartment, and obtaining many more benefits.

Q: Will an Expungement seal and destroy my criminal record?
A: No. An Expungement is not a sealing or destruction of your criminal record. What occurs with an Expungement is that your court file is updated to reflect your “Guilty” or “No Contest” plea is withdrawn and a “Not Guilty” plea is entered on your behalf pursuant to Penal Code Section 1203.4.

Q: If I was arrested and subsequently not charged with a crime do I have a criminal record?
A: Yes. Your arrest is part of your criminal record.

Q: What if all I have on my criminal record is an arrest with no conviction, am I eligible for an expungement?
A: No. Only convictions can be expunged. You would need to apply for a Petition for Factual Innocence in order to get the arrest sealed and destroyed. Consult with an experienced California Criminal Defense Attorney about this.

Q: How long does it take to get a criminal record expunged?
A: It all depends on how old your case is and whether or not your court records are accessible. Generally speaking, allow 2 to 4 months from the date your petition for expungement is filed with the court.

Q: Isn’t it true that convictions are automatically removed from my record after 7 years?
A: No. Convictions are not automatically removed or deleted from your record. What occurs in most cases is that your court file containing the police report and other related documents are generally destroyed after 7 years, but not your conviction.

Q: How will I know that my criminal record has been expunged?
A: We will provide you with a signed and certified court order showing that your conviction has been dismissed.

Q: Once I have obtained an expungement, what will the expungement not do for me?
A:
Your expunged conviction still counts as a prior and can be used to enhance the sentence on any future criminal cases such as petty theft and DUI. Your expungement does not cancel out your requirement to register as a sex offender. Lastly, your expungement does not dismiss your requirement that you not possess a firearm.

Q. Will an expungement help me obtain a professional State license?
A: Yes. Most of the licensing authorities require you to expunge your record prior to the issuance of a license.

 

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EXPUNGEMENT 

CALIFORNIA EXPUNGEMENT
CRIMINAL RECORD EXPUNGEMENT
FELONY EXPUNGEMENT



Los Angeles Criminal Defense Lawyer   
Los Angeles Expungement Attorney   

An Expungement Dismisses Convictions from your Criminal Record

While a record expungement doesn’t erase convictions, it will dismiss your conviction and can help you clear your name in public records and start a new life. It’s extremely important because a criminal record can have serious consequences and can keep you from:
  • Passing a background check
  • Renting or buying a home
  • Getting a decent job
  • Qualifying for bank and student loans
  • Obtaining professional licenses or teaching credentials
  • Voting
  • Becoming a U.S. citizen
Once your record is expunged, you can enjoy the rights of every law-abiding citizen.
  • You’ll be free to apply for credit or a job, run for office, and apply for a State license,
  • You’ll be more likely to obtain a professional license once the authorities see that you have been “pardoned
  • You can lawfully answer 'no' to the question, "Have you been convicted of a crime?" on most forms and with most employers (except if you plan to become a peace officer, run for public office, apply for a professional State license ,or work for the California Lottery commission)
  • You can feel confident without worrying that someone will 'discover' your criminal background

WHAT IS AN EXPUNGEMENT?
An expungement is a legal process by which a conviction (Guilty Plea, No Contest Plea or a finding of guilt by a judge or jury after a trial) in a criminal case is set aside and the case is dismissed. In California an expungement refers to the dismissal of the conviction ONLY; the arrest, prosecution and conviction records remain in the file and there is a notation in the file that the conviction is dismissed. An expungement is not a sealing or destruction of your criminal records as some people believe.

CALIFORNIA EXPUNGEMENT LAW
According to the California Expungement Law, Section 1203.4, your criminal record can be expunged of eligible felony and misdemeanor convictions.

You are eligible for a dismissal of your misdemeanor or felony conviction if:
  • You were convicted of a misdemeanor or felony conviction and given probation (summary or formal probation), a fine, county jail time (or no jail) and/or no sentence to state prison (not even a “paper commitment” to state prison),
  • You were not convicted of a serious sex offense (Penal Code Sections 286(c), 288, 288a(c), 288.5, 289(j), or 261.5),
  • You were not convicted of Vehicle Section 42001(b) which includes sections 2800, 2801 and 2803,
  • You successfully completed all the terms (including fines, classes, restitution) of your probation for the entire time (no violations of probations and no new arrests during your probationary period,
  • You were convicted of a misdemeanor or felony and not given probation and it has been at least one year since the date of conviction,
  • You are not currently charged with, or on probation for, another offense.

FELONY EXPUNGEMENT
In California a felony can be expunged as long as you successfully completed all the terms of your probation and you were not sent to state prison. Although successful completion of your probation is a requirement for your expungement, the law provides courts the discretion to expunge your felony conviction when probation was violated. How serious the violation is will determine if the conviction is expunged. If you believe you violated your probation you should consult with one of our experienced California expungement attorneys to evaluate your case.

If your felony conviction was a wobbler (a charge that can be filed as either a misdemeanor or a felony) then we may be able to reduce the felony to a misdemeanor first and then proceed to expunge it. An expunged misdemeanor is better than an expunged felony in that you preserve certain rights and benefits that can be denied to a convicted felon.

MISDEMEANOR EXPUNGEMENT
California law allows you to have your misdemeanor conviction expunged upon successful completion of your probation as long as you are not currently charged with a new criminal offense. The law also provides the courts discretion to expunge convictions in cases where probation was violated. Call our office and speak to one of our experienced California expungement attorneys to discuss the specific facts of your case.

Misdemeanor convictions are not cleared off your criminal record after a certain period of time. It is your responsibility to petition the court to have your conviction dismissed. The entire process takes approximately 2 to 4 months to complete.

DRUG CHARGES AND EXPUNGEMENT
If you were referred to a “Diversion” Program such as Deferred Entry of Judgment (DEJ) or Proposition 36 and you successfully completed all the drug program requirements, your record should already be changed to show the dismissal. If, however, you did not complete the requirements and/or violated probation you may have the conviction on your record.

If you were convicted of possession of marijuana for personal use then you are not required to get a dismissal or expungement for this offense. California Law states that all possession for marijuana use convictions are automatically erased from your record after two years. Note: This is only for personal use and does not apply to cultivation, sales, or transportation cases.

HIRE A DEDICATED CRIMINAL DEFENSE LAWYER TO WIN YOUR CASE
Every case is different. If you need help expunging your criminal record, you should consult an experienced California Expungement attorney, such as Stephen G. Rodriguez & Associates. Los Angeles criminal defense attorney Stephen G. Rodriguez will evaluate your case, explain the expungement process and help you protect your future. Located in Los Angeles, our firm has the knowledge and legal expertise to get your criminal record expunged in Los Angeles, Riverside, San Bernardino, and Orange County.

We know Los Angeles-area courts, judges, prosecutors and expungement procedures, and we’ll help you by:
  • Obtaining all relevant court records if necessary
  • Preparing all the necessary legal paperwork,
  • Filing the Petition in the relevant court, and notifying the prosecutor’s office
  • Attending the hearing regarding your expungement
  • Obtaining the expungement order signed by the judge

Contact Stephen G. Rodriguez & Associates now for a free consultation
(California Expungements ONLY)

 

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

 

California Criminal Attorney

At Stephen G. Rodriguez & Associates we defend people who have been accused of a crime.. We focus exclusively on criminal defense and we understand how to get the best results for our clients.

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