Expunging Criminal Records in California
Even if you mount an aggressive and legally sound defense, there are no guarantees that the prosecutor will offer a lenient plea deal or that you will succeed in obtaining an acquittal or “not guilty” verdict of your charges. You may face especially severe punishment if you seriously hurt someone else, even if by accident.
While you would eventually say that “life goes on,” this can be difficult. Around one in three people have a criminal record appearing on a routine criminal background check. This can affect your ability to apply for a loan, get a mortgage, or even apply for a job.
If you were charged with a criminal offense and have faced a criminal case, make sure to contact a reliable Gold River criminal defense lawyer when it comes to expunging criminal records. Get legal aid from a law office specializing in criminal defense, dealing with conviction records, and court record sealing. Call us at 916-890-0654 and schedule a consultation today.
Resetting and Rebuilding Your Record After a Conviction
Criminal convictions can make it difficult for you to make a living. Law enforcement agencies in charge of criminal cases have a complex database indicating if you were involved in illegal activity and had a criminal record. If you have been convicted of a crime and don’t have a clean criminal background, you may be denied security clearances, a professional license, housing, or employment opportunities in general.
Unfortunately, the petition process to clear criminal records can be burdensome and expensive. For most people, the lengthy processes involved in expunging criminal records can be too overwhelming. However, not having a clean criminal record can create ripple effects for generations.
It is estimated that nearly half of all US children have at least one parent with a criminal record. Additionally, decades of federal, state, and local criminal legal system policies and practices disproportionately target specific communities. This made criminal record history a problem for many people.
Expunging Your Criminal Record in California
As with anything else, you and the attitude you choose will, for the most part, determine what happens after you have served your sentence. While many factors can and will affect your ability to get back on your feet, your attitude and the people helping you will most greatly determine where you end up. This is why it is essential to speak with a local attorney knowledgeable with criminal law statutes that will allow you to clean up your criminal record.
The Chastaine Law Office is a law firm focused on protecting the rights of persons charged with criminal offenses in Gold River and surrounding California communities. Resetting and rebuilding your record is our priority. If you’ve been convicted for drug crimes, domestic violence, or other criminal offenses seek the help of an experienced criminal defense attorney in Gold River, CA, right away. Call our law firm at 916-890-0636 today.
The Expungement Process
In California, an expungement or expunction is a legal procedure where the court allows you to make a withdrawal of a guilty plea and enter a not guilty plea instead. The charges can then be dismissed. If you get a conviction after a trial, the judge can set the guilty verdict aside, and the judge will dismiss the charges. When granted, the California court will notify the Department of Justice for amendments in your criminal history.
However, it is important to note that the expungement will not completely erase the conviction. The criminal record with the DOJ will still contain the case number, the charge or charges, the guilty plea or no contest plea that you entered, and even the date of conviction.
It will, however, be stated that there was a withdrawal of the plea, and charges were “dismissed under Penal Code § 1203.4” with the expungement date.
Prospective employers generally do not have access to this information. Additionally, except in specific cases, you can deny that you have ever been convicted once the court grants an expungement.
If you need help resetting and rebuilding your record, call our Gold River criminal defense attorneys at 916-890-0636 today.
Who Is Qualified to File for an Expungement?
In general, expungements are available to individuals who:
- Are not currently charged
- Are on probation
- Are serving a sentence
- Have fulfilled conditions for the full probation period or had it terminated earlier due to good behavior
- Did not serve state prison time
- Have not been convicted of a sex crime.
Convictions that have been expunged, however, are still considered “priorable.” This means that a prosecutor can still use it to enhance punishments or penalties for any future crimes committed. Additionally, the expungement will not cancel out ineligibility to own firearms brought about by the conviction.
What To Do After An Expungement
It is important to keep in mind that expungements from California are not acknowledged by the federal government. Under United States laws, California expunged convictions will still be considered valid in federal criminal court. This also includes federal background checks, employment applications, and security clearances.
You still need to disclose the conviction if you apply for a local agency or state licensure or when asked for your employment license application. Additionally, you have to acknowledge the expunged conviction if you are applying to be a peace officer, contracting with the California State Lottery Commission, or are running for public office.
At The Chastaine Law Office, we are advocating for the rights of the accused. We understand that getting arrested and facing criminal charges can be overwhelming. Our California law firm is here to fight for you and protect your rights. Expunging criminal records to reset and rebuild your life can be confusing and overwhelming, but we are here to help. Contact our gold River criminal defense lawyers at 916-890-0636 today.
Resetting and Rebuilding Your Record with CA Criminal Defense Attorneys
Dealing with criminal charges and court records is not easy, but it is also not impossible. A trusted Gold River CA criminal defense attorney will study your court case, fill out paperwork that you must submit to the court, and help you have your record expunged or sealed.
Resetting and rebuilding your record after facing criminal charges can be challenging, but our seasoned criminal attorneys at The Chastaine Law Office are to here to make it possible. Call our Gold River criminal defense law firm at 916-890-0636 today.