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What Your Expungement Attorney Can and Cannot Do With Your Record

On Behalf of | Nov 30, 2016 | Expungements

With technology making it easier for employers, professional organizations and licensing agencies to look into their applicants’ criminal records, you may find it more difficult to get a job, license, or membership. This can hinder your life and make it difficult for you to start afresh after a conviction.

However, this is not the end of the road for convicted individuals. A criminal record expungement attorney serving Sacramento can help clear your records so employers, licensing agencies, and organizations (among others) will not be able to use this history in deciding on your application. When your conviction is expunged, you can confidently answer “no” when asked if you have ever been convicted of a crime.

While expunging a criminal record provides many benefits, there are limitations as well. Your lawyer can help you throughout the process, but there are factors that can affect a court’s decision whether to expunge your record.


In California, your criminal records can be expunged if you were found guilty of a felony offense or a misdemeanor and were able to complete probation. However, you won’t be approved for an expungement if you’re currently facing a criminal charge, undergoing probation, or serving a sentence.

The severity of your crime can also affect your eligibility. Sex offenses, especially on children, are not allowed to be expunged. These include lewd acts with a child and other sex offenses.


Violation of your probation can have an impact on your application for an expungement. The court has the right to grant or deny your petition based on how you performed during your probation. A judge will consider several factors such as your overall performance, the seriousness of the conviction, criminal history, capacity to get a job, your role in your family and community, and pieces of evidence you can provide to show that you deserve a fresh start.

An expungement can be the key to the new life you’ve been wanting after being convicted. Though it can increase your chances of getting a new job or a professional license, remember it won’t restore your gun rights, overturn a driver’s license revocation or suspension, or remove your duty to register as a sex offender. There may be other procedures required to achieve these goals. Talk to an experienced expungement attorney to find the answers to those questions.

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