California law permits certain misdemeanor or felony convictions to be expunged. An expungement is a court order that dismisses your conviction and erases it from your public record. Your eligibility to apply for and receive a record expungement depends on the following circumstances in your case:
- No state prison time was served
- All conditions of your sentence and probation have been completed
- No other criminal charges are pending
- You did not violate your probation though this is not necessarily a disqualifying condition
If you did violate your probation, then you will have to explain how an expungement will benefit you and your family situation. The court will look at the nature of your violation, how long you were on probation and your overall criminal record.
Effect Of An Expungement
The effect of an expungement includes:
- You may state under oath that you were never convicted of that particular crime
- You do have to disclose your conviction and that it was expunged if you are applying for a public license or for public sector employment
- You have to disclose the conviction and expungement if running for public office
- Disclose it if you are applying for a license or contract with the State Lottery Commission
- If you reoffend, your expunged conviction can be used by the court to enhance your sentence
- You right to own or possess firearms is not restored
You will have to disclose your conviction as well as the expungement under certain circumstances:
- If applying for a public or professional license
- If running for public office
- Should you apply for a license or contract with the State Lottery Commission
An expungement does not totally erase your record. Should you commit a subsequent offense, the court can use your prior conviction to increase your sentence and to extend the time of your license suspension if you commit a DUI.
Further, your right to own or possess firearms is not restored.
Steps To Receive An Expungement
To receive an expungement, you or your attorney will do the following:
- Move the court to grant early termination of your probation
- Request that your felony conviction be reduced to a misdemeanor if you were convicted of a felony that is considered a wobbler
- File an application for expungement using Form CR-180, Petition for Dismissal
Once the court orders the expungement or dismissal, an order is sent to various criminal databases to delete your record.
Hiring An Attorney
The Aizman Law Firm has a 100% success rate with regard to expungements that are required to be granted by law. This includes arguing on our clients behalf when judges have wrongly denied these motions and we have had them reversed. Our goal is to make sure that the law is upheld and our clients receive the relief that the legislature has set forth for them. Contact us at 818-351-9555 for a free case evaluation.