A Marin County Expungement Attorney Answers California Expungement FAQs 

A criminal conviction will go on your permanent record, meaning it could continue to impact your future long after you have otherwise served your punishment. A criminal conviction can limit your employment and housing opportunities, curtail your rights, and limit your access to various other public benefits. If you have a criminal conviction causing your problems, contact a Marin County expungement attorney to discuss your options. 

What Is An Expungement? 

An expungement is when you have a previous conviction set aside by the court. To obtain one, you must file a petition requesting that your conviction be expunged and set forth why it should be set aside. Ultimately, it is up to the court to determine whether or not your conviction should be expunged. A Marin County expungement attorney can review your case and determine whether you have a good basis for seeking an expungement. 

How Does the Expungement Process Work? 

Once filed, the court will review the petition and consider the arguments setting forth the reasons why the conviction should be expunged. If granted, the conviction or guilty plea will be withdrawn, a plea of “not guilty” will be entered, and the case will be dismissed. As a result, your conviction will no longer be included in your arrest record. 

In determining whether or not your conviction should be expunged, you should be aware that there will be a hearing in front of the judge. This is your opportunity to argue why the judge should agree to expunge your conviction. Your best opportunity for success is to work with an experienced Marin County expungement attorney. 

Do I Qualify for an Expungement? 

Before you can seek an expungement, you must first complete your probation or other sentence and pay all fines and court fees resulting from your conviction in full. However, not everyone can have their convictions expunged, even if they have done those things. Generally speaking, the following people will not be eligible for expungement: 

• People convicted of certain sex offenses
• People who served time in state prison as a result of their conviction, unless they would have been sentenced to county jail under Proposition 47
• People who are currently serving time in jail or prison
• People who are currently facing charges for a subsequent offense

If you fall into one of these categories, you should still discuss your case with a Marin County expungement attorney, as you may qualify for other relief, such as a certificate of rehabilitation. 

How Long Does the Expungement Process Take? 

The timeline for obtaining an expungement can vary significantly on a case-by-case basis. On average, however, it can take anywhere from 90 to 120 days. If your expungement is unsuccessful, you must wait an additional six months before refiling. As a result, it is important that you put forth your best case the first time. For this reason, we recommend that you work with an experienced expungement attorney. 

Talk to a Marin County Expungement Attorney at Brownstein Law Group Today

We know how to navigate the expungement process in order to obtain the results our clients deserve. Contact a Marin County expungement attorney today via phone or email to discuss your case and how we can help.