What was your date of conviction — which is the date of your plea, verdict, or finding of guilt? What is the code name and section number you were convicted of violating?
Was there a verdict or did you enter a plea? Were you ordered to serve any time on probation either formal or informal probation, since they are treated the same in your record? If so, for how long? Were you ordered to pay any fines, restitution, or reimbursement? If you were sentenced to state prison, which one? If you were sentenced to state prison, on what date were you released?
If you were released on parole, on what date? How to Obtain and Expunge Your Record Step 1: Obtain Your Record There are certain steps you can take to expunge your record, but first you need to actually obtain your criminal record. Step 3: Be Patient Unfortunately, expungement or dismissal is not an efficient process. Once your past felony criminal record is expunged, you can say truthfully that you were not convicted , except in three narrow circumstances. You must still disclose the conviction if asked on application or questionnaire for public office, getting a license from a local or state agency, and for contracting with the California State Lottery Commission.
It is also important to note that in many instances we can reduce the felony to a misdemeanor and thereby restore firearm rights — at no extra charge. There are also some other limitations and exclusions to expungement that you should be aware of.
Your conviction may still be considered by the DMV in revoking or suspending your privilege to drive. If your felony is expunged and not reduced to a misdemeanor , you will still not be able to own or possess a gun and could still be charged with possessing a firearm as a felon.
If your conviction would have prevented you from holding public office, having it expunged and dismissed does not reinstate that right, and you unfortunately would still be prohibited. To be eligible for a felony expungement in California you must have completed your sentence. Also, you must not have any pending charges or be serving any other sentence at the time you file the expungement petition.
Tips to Get A Misdemeanor or Felony Expungement
Another requirement is to make sure court-ordered fines have been paid. In addition, there are specific offenses that are not eligible to be expunged. Moreover, if you went to state prison after for your felony offense you will not be eligible for an expungement, but you may be eligible for a Certificate of Rehabilitation.
Even if you violated your probation, you are still able to petition to expunge the conviction in California. Successful completion of the probation term with no violations may make the expungement process a bit easier, but we have had a lot success also expunging cases in which the defendant violated probation.
If you had a probation violation, the court may schedule a hearing to decide whether to grant your expungement. At the hearing, the judge hearing your case will have discretion on whether you should be granted the relief or not. While making that determination, the judge will most likely take into consideration: how serious the offense was, your criminal history if you have other convictions on your record and whether you complied with all the other terms of probation in a timely manner. This evidence can include: missed job opportunities, career advancements, if you support your family, as well as any volunteer work or community ties you may have that indicate you are deserving of the relief.
To determine if your case is eligible for expungement, fill out this short, free and confidential eligibility evaluation right now. The typical felony expungement case in California takes between four to five months, but the timeframe varies by court. We initiate work on your case the same day you sign up for our services. The courts in California hear cases in the same order in which they were filed, so the earlier you begin, the earlier your past felony record can be expunged.
Traditionally, a state prison sentence with the California Department of Corrections was a bar to expungement in California. Those offenders were limited to receiving a Certificate of Rehabilitation or a Governor's Pardon. But in , California voters passed Assembly Bill AB , commonly referred to as "realignment. In the following years additional changes were made to the California Penal code which allowed more individuals to receive expungement in California. In , additional changes were enacted by the California Legislature through Assembly Bill AB , which allowed those individuals who received a realignment sentence under Penal Code section to obtain an expungment.
Then again in , the Legislature passed Assembly Bill AB , allowing those who served a prison sentence prior to the realignment change who would have been eligible for a Section sentence had the law been in place when they were sentenced prior to to obtain an expungement. To determine if your case is eligible for expungement despite your prison sentence or felony realignment sentence, fill out this short, free and confidential eligibility evaluation right now. Many California felonies are eligible to be reduced to a misdemeanor.
If your offense is one that is eligible and you did not serve a prison sentence or receive a felony realignment sentence, we will also ask the court to reduce your felony to a misdemeanor. If the court grants the reduction, all rights including the right to own a firearm that were lost as a result of that felony conviction being a felony are restored.
- Before You Apply For An Expungment You Must Meet These 5 Criteria.
- Who is eligible to have a conviction expunged?.
- Expungement | Nevada County, CA.
We do not charge extra to reduce a felony to a misdemeanor pursuant to Penal Code section 17 b. Some cities such as Anaheim will charge an additional city fee. If you are indigent, you can request a fee waiver. Still On Probation. How to Get a Felony Expunged. The offense must be one that is currently punishable in county jail At least 2-years has passed since you completed probation You are not under supervised release You are not currently serving time for any other offense You are not currently on probation for any offense You are not currently charged with any offense.
Process of Obtaining an Expungement. What do I need to get a misdemeanor expunged under penal code Can you have a felony expunged in California?
Clean Your Record - criminal_selfhelp
Yes, but so long as you meet the following: You did not serve time in state prison You completed probation and all conditions imposed on you You are not currently on probation You have not been charged with another offense It has been one year since your arrest There are certain serious offenses that are ineligible regardless if you served state prison time such as forcible sex crimes and sex crimes involving minors. Can you expunge a strike in California? If I was sentenced to prison, can I get my conviction expunged? How long does it take to get your record expunged?
Do you have to disclose an expunged record? You are only required to disclose an expunged record if: Applying for a professional or state license Applying for public employment Running for public office If contracting with the state lottery commission Otherwise, you can deny under oath that you were ever convicted. Do misdemeanors show up on a criminal background check?
Criminal Record Expungement Eligibility Guidelines
What will show up on an employer background check after an expungement? Choosing an Attorney to Process Your Expungement. Get Legal Help. Re quest A Free Consultation Diana Aizman, Esq.
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September 20, May 2, in Post Conviction Ms. Eve Were you able to get your RE license? Donna Cooper Hello, I'd like to have a case expunged, and I am wondering about how much you charge, just because I don't have the time to do it. Where are you located, and how long it will take? Thank you. Diana Aizman Hi there. While you would still have to disclose your conviction to the nursing board upon license application even if dismissed per PC I recommend contacting our office to discuss the process of having the case dismissed. Be Sade I have a misdemeanor theft conviction where I was arrested back in Expungement per PC Regarding the type of license you would be eligible to receive: this question is better posed to an administrative licensing attorney familiar with the different types of licenses offered by the CA Department of Real Estate.
I am now looking to get my Real estate license.