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Frequently Asked Questions
California Expungements
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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withdrawn and a “Not Guilty”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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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: |
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Passing a background
check
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Qualifying for bank
and student loans
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Obtaining professional
licenses or teaching
credentials
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| Once
your record is expunged, you can
enjoy the rights of every law-abiding
citizen. |
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You’ll be free
to apply for credit
or a job, run for office,
and apply for a State
license,
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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)
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You can feel confident
without worrying that
someone will 'discover'
your criminal background
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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: |
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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),
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You were not convicted
of a serious sex offense
(Penal Code Sections
286(c), 288, 288a(c),
288.5, 289(j), or 261.5),
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You were not convicted
of Vehicle Section 42001(b)
which includes sections
2800, 2801 and 2803,
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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,
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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,
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You are not currently
charged with, or on
probation for, another
offense.
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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: |
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Obtaining
all relevant court records
if necessary
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Preparing all the necessary
legal paperwork,
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Filing the Petition
in the relevant court,
and notifying the prosecutor’s
office
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Attending the hearing
regarding your expungement
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Obtaining the expungement
order signed by the
judge
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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
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