Expungement Attorney Referral Service
What is expungement?
Expungement is the official removal of a conviction from your criminal record. You can apply for expungement if you were convicted of a misdemeanor, or a felony that could have been charged as a misdemeanor, and were given a sentence that included a fine, probation, or county jail time. Your sentence can also be a combination of all three.
A petition for dismissal and order for dismissal are completed for those who received any of these sentences. However, those who committed a felony crime or who served time in the State penal system must complete a Certificate of Rehabilitation.
In order to petition for an expungement you must meet the following criteria:
- It has been one year since your conviction
- You have completed your sentence
- You are not currently serving time for another sentence or have a pending case for another offence
- Your record has been clean since the conviction for which you are seeking expungement
- Your probation has not been revoked, and then not reinstated
If you are considering expungement, it is important to know that your case record will still remain. It is the actual outcome that will change, showing that you were not convicted of the crime.
Once your conviction is dismissed, potential employers will not have access to your conviction, and your record cannot be considered by employers during the hiring or firing process. However, the restrictions associated with your conviction will still apply including:
- It will still remain on your criminal history with the court file remaining in public records
- In most cases you will not have the right to possess firearms
- If convicted of a sex crime, you will still have to register as a sex offender
- You will have to disclose the conviction when applying for government licenses
- Your conviction and expungement must be disclosed in application for government jobs
- You cannot run for, or hold, public office
- You may still be denied jobs in real estate, teaching, security guards, etc. where a government license is required
- The conviction will still be used as a ‘prior’
- Your driving privileges may still be revoked or suspended
- It may still interfere with becoming a US citizen or other immigration status
How can I benefit with the assistance of an expungement attorney?
An expungement attorney can assist you in a number of ways when you petition for expungement. They can assist in determining if you are eligible for expungement, as well as which type of expungement applies to your case.
There are several steps involved with a petition for expungement, including obtaining your criminal records, the completion of two forms (Petition for Dismissal and Order for Dismissal) and a detailed declaration that will clearly state why you are petitioning for expungement.
An expungement attorney understands how best to explain your situation by outlining your future plans, the reasons behind your offense, and how your life today differs from your state of mind and situation at the time the crime was committed. An attorney will know how to explain the affect your record is having on your ability to become a productive and responsible citizen. They will assess your current lifestyle and recommend relevant examples that will demonstrate how your life has changed and the different role you now play in your community.
Once your forms and declaration are complete, your lawyer will assist you in compiling all of your documents and ensure they are in perfect order to increase the effectiveness of your petition. They will also avoid any delays resulting from missing information or forms that are incomplete.
In some cases you may be required to make an appearance in court, where your experienced Expungement Lawyer will represent you with professionalism and authority.
You can also seek the assistance of an attorney if your petition has been denied in the past. They will know what is required to ensure your petition is granted when you refile. Contact us at 818-340-4529.