Criminal Record Expungement Attorney
Do you need a criminal record expungement attorney? Why would you want your criminal record expunged or sealed? Well, your arrest record can be discovered by your bank, employer (future employer) landlord, neighbors and family. The details of your case can be viewed even though you were not convicted. Depending on the facts of your arrest and disposition, your records are often able to be expunged or sealed. The expungement of a criminal record in California can actually be accomplished without an attorney.
A criminal record expungement lawyer can assist with the following:
- Determining whether you are eligible to have your criminal record expunged.
- Organizing and filing paperwork regarding your criminal record with the state or Superior Court.
- Communicating with the court and parties to whom you may owe money (restitution).
- Serving court documents on parties to inform them about the expungement of your criminal record.
- Advising you about how to conduct yourself during a criminal record expungement hearing.
- Advising you about disclosing or not disclosing your conviction after expungement of your criminal record.
- Advising you about expunging your criminal record of convictions in more than one state.
How to Expunge a Criminal Record in California
The process of expungement of a criminal record has a number of steps and involves interacting with the court in which you were convicted. The process varies from state to state. If you are seeking to expunge a conviction from another state, you can look up that state’s procedure. Additionally, there are different procedures for expunging a federal, military, or out-of-country conviction:
The first step is to determine if you are eligible to expunge the conviction.
The conviction must be of a type that can be expunged from your criminal record.
At least one year must have passed since you were convicted.
You must have completed your sentence. This includes paying the full amount of restitution.
If you are still on probation, you can file a motion to terminate the probation early.
Learn which type of criminal record expungement applies to your conviction.
The types include misdemeanor convictions, probation ordered and completed, probation ordered and not yet completed, and more.
If you were sentenced to state prison, you cannot apply for an expungement. You must apply for a Certificate of Rehabilitation and/or a Pardon.
The Certificate of Rehabilitation must be obtained from the county in which you currently live.
Get a copy of your criminal record. There is a fee but it can be waived if you qualify as having a low enough income.
Complete a Petition for Dismissal (CR-180) and Order for Dismissal (CR-181) forms, as well as a Declaration (MC-030) regarding your history.
Make five copies of all your criminal record documents.
File the expungement forms with the Superior Court courthouse of the county in which you were convicted.
Serve, or provide copies of court documents, to all the parties in the case.
Attend your court hearing, if one is required.
If you need assistance, the public defender’s office of the county in which you were convicted may be able to walk you through the process. An expungement is a dismissal and set aside of a conviction. If a conviction has been expunged from your record, you can answer that you do not have a prior conviction on most employment applications. A conviction expunged by a state court does not remove the conviction for immigration purposes.
The expungement attorneys at Beck Law P.C. are here to assist you for any and all aspects of expunging your criminal record. Contact us to set up and appointment to discuss the particulars of your situation and to determine if we can help with this process.
California Criminal Record Expungement Reference Links
- California Courts: Cleaning Your Record
- California Department of Corrections and Rehabilitation: Pardons
- U.S. Citizenship and Immigration Services: Good Moral Character