A Marin County Expungement Attorney Helping You Turn a New Page
A criminal conviction will become a part of your permanent criminal record. This means that it can continue to negatively affect your life long after you have served your sentence, paid your fines, and satisfied all of the other requirements. A criminal conviction can impact your career options, limit your access to housing, and curtail other important rights and privileges. Fortunately, there are sometimes options for getting your conviction removed from your record. If you have a conviction and are curious about whether you can get it taken off your record, a Marin County expungement attorney can review your case and explain your options.
What You Need to Know About Expungements In California
An expungement is a process whereby your criminal conviction is removed from your record as if you were never charged. This can make a tremendous difference in your life and allow you to make a truly fresh start. Once your conviction has been expunged, you do not have to disclose your conviction to potential employers even after they have made a conditional offer of employment. An expungement allows you to legally and truthfully state that you have not been convicted of a crime.
Unfortunately, not everyone is entitled to an expungement. To qualify, you must meet the following criteria:
- You have successfully completed your probation, including paying any fines or restitution and attending all mandatory court appearances. However, if you had a parole violation at some point, you may still qualify for expungement.
- You did not serve any time in state prison unless you would have served time in county jail under Proposition 47 realignment.
- You did not commit any additional offenses while on probation and are not currently charged with serving a sentence for or on probation for a subsequent criminal offense.
This sounds fairly straightforward, but do not lose hope if these criteria do not clearly apply to you. A Marin County expungement attorney can determine whether you qualify for expungement.
Some Offenses Cannot Be Expunged
Generally speaking, sexual offenses cannot be expunged, particularly those involving children such as the following:
- Statutory rape
- Lewd acts with a child
- Sodomy with a child
- Oral sex with a child
Beyond that, many misdemeanor and felony convictions can be expunged under California law. Remember, however, that you likely cannot have your conviction expunged if you served time in a California state prison. You also cannot have your conviction expunged if you were convicted in federal court.
A Marin County Expungement Attorney Can Help You Navigate the Process
To get an expungement, you will need to file a petition with the appropriate court that has jurisdiction over your case. This will require that you complete the appropriate forms and pay a filing fee. Keep in mind that you will need to file a separate petition for each conviction. The petition will request that your conviction be expunged and provide the reason why the court should grant it. The court will review the petition and consider your arguments supporting the expungement of your conviction.
Eventually, the court will schedule an expungement hearing. This is your opportunity to present a compelling argument for why your conviction should be expunged. A lawyer with experience in handling expungements will know how to build the strongest case possible based on both the facts and the law applicable to your case.
Ultimately, a judge will decide whether or not they will grant the expungement. If they deny it, you can refile it in six months. Otherwise, you should arrange to have your case sealed so it is no longer visible to the public.
The entire process can take anywhere from 90 days to 5 months. As a result, filing the proper forms and following the process correctly is critical for avoiding delays. The best way to get your expungement as quickly as possible is to work with a Marin County expungement attorney.
An Expungement Lawyer Can Provide Post-Expungement Guidance
While having your conviction expunged can change the trajectory of your life, it is important to understand that there are limitations. For example:
- It may not overturn a suspension or revocation of your driver’s license
- It may not restore your gun rights
- You may have to continue to register as a sex offender
- You may need to disclose your conviction if you run for public office, seek employment with the California Lottery Commission, or apply for a state license
Contact A Marin County Expungement Attorney In California Today
If you have a conviction you want expunged, a Marin County expungement attorney can help. Contact us today to schedule a consultation.