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An Expungement Lawyer Explains the Limitations of Expungement

On Behalf of | Oct 28, 2016 | Expungements

An Expungement Lawyer Explains the Limitations of Expungement

Everyone deserves a second chance, even those convicted of criminal offenses. Unfortunately, a criminal conviction can be a serious handicap to reformed individuals, as it can seriously limit your employment prospects. Even landlords may ask about any existing criminal records. What’s a person to do?

Luckily, a criminal record expungement attorney in Sacramento can help you. In a nutshell, expungement means asking a court to reopen a case, withdraw the guilty plea or conviction, dismiss the charges, and re-close the case.

Under California Law, employers cannot ask about arrests that did not end in conviction. Since your conviction has been revoked, you can legally answer “No” to a question like, “Have you ever been convicted of a criminal offense?”

Of course, there are certain limitations to criminal expungement.

Your Criminal Record Stays on File

Both state and FBI criminal records will still reflect your arrest and conviction. That being said, it will show that your case has been dismissed, rather the original conviction. Likewise, your record files will still be part of the court’s record and is available to the public if they know where to look.

Not All Criminal Convictions Can Be Expunged

In general, most crimes can be expunged, including felonies. That being said, certain cases cannot be expunged, including some vehicle violations and many sex offenses.

Omit Your Criminal Record When Applying for Government Positions

Government jobs usually require more stringent background checks, and this is one case where you need to disclose your criminal record even if it’s been expunged. You also need to provide full disclosure when applying for a job that requires a security clearance or one that requires a government-issued license (i.e. real estate, contractor and other professional licenses).

Serving Time or Probation for Another Crime

Your petition for expungement will also not be entertained if you are currently serving time or on probation for another crime. For expungement to be processed, there must be no other active case pending against you.

In a lot of ways, criminal record expungement is a new lease on life, a fresh start. That being said, it’s a complicated legal process with many stipulations. If you want to know if you are eligible for this, contact an experienced Sacramento expungement lawyer immediately.

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