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Things to Know Prior to Getting a Criminal Record Expungement Attorney

On Behalf of | May 13, 2016 | Expungements

A criminal record expungement attorney is basically a lawyer whose practice focuses on cleaning up conviction and arrest records. This allows an individual who has a criminal record to have their history cleared to the extent allowed by law.

In other words, expungement is actually a process of “reformatting” your criminal record. Most US states have their own definition of the expungement law, but the following are some of important criteria in California that would help you determine whether your criminal record is eligible for expungement or not.

Requirements for Expungement

In general, all misdemeanors can be expunged, along with most felonies. Filing for expungement would only be possible once the convicted person has successfully completed probation with compliance to every aspect of the judge’s imposed sentence.

As stated above, an expungement can be done only after the accused party has finished serving a sentence, probation, or any punishment that was required to be undergone. After the necessary fulfillment of required disciplinary actions, the accused can then file for the start of the expungement process to get rid of the record. A Sacramento expungement lawyer can help you here.

Once probation has been terminated, you are immediately eligible for an expungement. It is also a requirement that no other criminal cases are pending and that you are not actively on probation or parole.

California has some offenses that cannot be expunged. Generally, sex offenses involving children are not eligible for expungement. In cases where gun violence is involved, even with the expungement you may never hold a gun permit or become a law enforcement officer.

Once a person successfully accomplishes the expungement process, they can lawfully declare they have no criminal history. For example, when they apply for a job and asked by the interviewer if they have ever been convicted into a criminal case, they can legally answer ‘no’. This can immensely help a person move forward with a productive life.

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