What’s the Expungement Process in Los Angeles?
If you want details on the expungement process in Los Angeles, then this guide will explain the steps.
Read on now.
Introduction
We all make mistakes in life. Unfortunately, those who made one wrong decision can end up with a record that will follow them for the rest of their lives. And, whether it should or not, it can impact everything from personal relationships to employment and everything in between.
Thankfully California offers the chance to expunge criminal records to certain individuals. So, let’s talk about what it is and how the expungement process works in Los Angeles.
What is Expungement?
To expunge something means to get rid of it, remove it, or erase any traces of it. When it is applied to the law, expungement is a process someone can go through to have criminal records sealed. This makes them inaccessible to anyone – and they will no longer show up on background checks.
For those who were arrested and never convicted of a crime, an arrest record loses its vigor with time and, according to federal law, should stop being reported after 7 years. However, when that arrest ends with a conviction, that criminal record is always there. Any time you go to move into a new rental property, apply for a new license and undergo a background check, apply for a job, or even have someone look you up under public records.
You may not be the same person you were all that time ago – should you have that record hanging over your head? Should you still be unable to change careers because a conviction is on your record? How can one fully reintegrate into society with this Scarlet letter?
The state of California recognizes the dilemma and believes that you should have the right to have your criminal record expunged so that you may have a fresh start. Here’s all you need to know about getting it done.
Who is Eligible for Expungement?
In order to be eligible for expungement in Los Angeles, you can be convicted of a misdemeanor or a felony and paid for your crime with jail time or probation. Those who are not eligible for expungement include those who have been:
- Sentenced to prison – even if currently released.
- Placed on parole.
- Convicted of a federal crime.
Further, to proceed forward with the process, you cannot currently be:
- Serving a sentence.
- On probation or parole (for this conviction or any other).
- Charged with a crime.
- Paid in full with the court fines and fees regarding the case you are trying to expunge.
If you believe you are a good candidate for expungement in Los Angeles, then let’s talk about the process of getting it done.
The Expungement Process
There are many steps included in the expungement process and we are going to go over them. Keep in mind that this is a basic overview of the process and it is highly recommended that you seek legal counsel to ensure that you are working your way through the process properly.
Step One: Gathering Information
There are a lot of forms that need to be properly filled out and a lot of steps that need to be taken to get the ball rolling on this process. So, one of the first things you want to do to make it easier is to gather all the necessary information. You can gather this information from your court file. For instance, if you were convicted in Los Angeles County, you should be able to access all your court dockets for free through any criminal court. Though, if you were convicted elsewhere, you will have to gain your court file from that county. You may need to contact them directly to figure out how to get that done.
Step Two: Filling Out the Paperwork
As we mentioned, there is quite a bit of paperwork that needs to be completed. And it starts with the petition. Take your time diligently completing the petition.
Keep in mind you will need to pay a fee to obtain the petition packet so that you can complete it. If you are unable to do so, there is a fee waiver form you can complete and submit to the court. You may need to complete the Application for Waiver of Court Fees and Costs or the Defendant’s Statement of Assets. This will vary based on the court where you are filing so you will have to inquire to be sure.
Step Three: Your Written Declaration
If you were convicted of a felony and want it reduced to a misdemeanor – or removed entirely – or if you have violated probation, you will need to submit a written declaration. You should consider including information such as:
- What life was like when you were convicted.
- What you have done to get your life back on track.
- What your life is like now.
- Why do you want the conviction removed.
Be sure to attach support letters from your rehab program, job or job training, etc.
Step Four: Serve the District Attorney or City Attorney
If you have to serve the district or city attorney, be sure to follow the necessary steps. This means serving notice of your petition filing at least 15 days before the judge hears your petition. Service can be done by mail or by delivering a copy of the petition to the attorney’s office. Though, it should be noted that you cannot be the one to deliver this notice.
Once service has been in effect, a Proof of Service must be filed with the court along with your petition.
Step Five: Wait for a Decision By the Court
Once you have everything turned in to the court, you must wait for the decision by the judge. This could take up to 3 months to receive. If your request for expungement is denied, you will have 60 days to file a request for reconsideration by the courts. Or, you can start the process over completely later on down the road.
Expungement Process Conclusion
Getting your record expunged isn’t a tough process, but it does involve lots of forms and details that matter when it comes to getting the request granted. Working with an attorney is a great way to get the results you are looking for.
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