Have You Been Convicted of a Crime?

The United States criminal justice system is supposed to be built around punishment and rehabilitation. The ultimate goal is to return someone who commits a crime to upstanding status and put them on the path to personal success.

Having a conviction on your record can impact many aspects of your life, even if it is only for a misdemeanor crime. Luckily, there are ways to have past convictions removed from your record, a process known as “expungement.”

How Can a Criminal Conviction Affect You?

If you have been convicted of a crime, you are probably already feeling the impacts of that conviction. The process of going to court or taking a guilty plea was likely an expensive one where you were responsible for legal fees, missed hours at work, and likely subjected to a fine.

Even if you were “lucky” enough not to receive a jail sentence, probation incurs its costs and conflicts.

But what are some other effects a criminal conviction can have on your life? Listed below are some, but not all, of the impacts you may feel in your life because of a criminal conviction:

  • Confinement in a local jail or prison.
  • Fines that can reach and exceed $1,000.
  • Denied college admission.
  • The loss of your current career.
  • Failing a background check resulting in missed job opportunities.
  • Failing a background check resulting in a landlord refusing to rent to you.

Failing a background check resulting in someone seeking legal citizenship being removed from immigration proceedings.

There are also social consequences when receiving a criminal charge. Criminal proceedings are public information, meaning people may be able to find out about your past criminal charges simply by searching for your name on popular search engines. This can negatively impact your romantic relationships, relationships with coworkers, or even friendships.

What is Expungement?

Expungement is a legal proceeding that allows an individual to remove past criminal convictions from their record. This can open up new opportunities, such as careers, living spaces, and so on.

Working with a criminal defense attorney can make the expungement process easier. If you attempt to expunge a conviction from your record without legal assistance, you run the risk of making minor or major mistakes that can result in delays or outright denial. This can leave you stuck with those convictions on your record, along with all of the negative consequences of having a criminal record. Remember, every official you interact with throughout the expungement process likely has more legal experience than you. Why not go in prepared?

Can You Have Your Record Expunged?

When considering expungement, there are a few requirements that you must meet in order to be eligible. California allows the expungement for some misdemeanors and felonies provided:

  • You have completed probation and did not do time in a state prison.
  • Your crime was NOT serious, violent, or a sex crime.
  • You are not currently charged with, on probation, or serving a sentence for a criminal offense.

In order for you to have successfully completed probation, you must have completed all of the terms of your probation, such as paying all of your fines and restitution. If you were ordered to complete any counseling programs or community service, they must be completed. Another requirement is attending all of your court appearances. Most importantly, you did not commit any new crimes while on probation.

Which Crimes are Not Eligible for Expungement in California?

In California, certain felonies can never be expunged, including sex crimes, violent crimes, and crimes in violation of Vehicle Code Section 42002.1.

What is the Expungement Process Like in California?

Expunging your criminal record is a process that may look fairly straightforward, but it has many pitfalls that can hinder your chances for success.

That is why your first step should be speaking with an experienced criminal defense attorney, such as the professionals at The Socal Law Network. While the system does not explicitly want you to fail, it isn’t the most user-friendly. Streamline the process by working with a criminal defense attorney, and know you are doing things right the first time!

Next, you will need to fill out the proper forms. There are different forms for different criminal convictions. The attorneys at The Socal Law Network will ensure the appropriate form is filled and filed.

Next, working with your attorney, you will file your completed paperwork. Your paperwork must be filed with the court where your case was heard, and it usually takes up to five months for the court to respond.

Every court has it’s own processes and fees regarding expungement. There are timelines and proceedings that must be followed. It can feel very overwhelming.

The court may require you to appear at your expungement hearing. If you are working with a criminal defense attorney, they will keep you informed and help you prepare for the hearing. Ultimately, a judge will decide whether or not to grant you an expungement. There are a few things you can do in order to increase your odds of having an expungement granted, such as holding down a job and staying out of trouble.

If your expungement is denied, you will be able to refile it after six months. If it is granted, the defense attorney should seal the case so that it is no longer publicly visible.

Working with the experienced lawyers at The Socal Law Network, you can improve your odds of getting back on track. Call 949-779-3799 to start your free case evaluation, today!