A conviction on your criminal record can have a lasting impact on your life and livelihood. However, many individuals in California are eligible to have their adult or juvenile records sealed.
With the help of a defense attorney, you can petition to clear your record through a process called “expungement.”
Having your record expunged could allow you to avoid the stigma of a criminal conviction and regain your freedom and peace of mind. We’ve provided a brief overview of the expungement process below, along with answers to some of the most frequently asked questions.
If you’d like more information about expungement or want to find out if you’re eligible to have your record sealed, attorney Robert M. Helfend can provide the expert legal advice and representation you need.
California criminal record expungement
The legal term, “expungement” refers to the sealing or destruction of a state or federal criminal record.
While expungement is most common in juvenile court cases, it may apply to cases in which a person was convicted as an adult. Once an expungement order is granted by a judge, the court must seal the record and treat the conviction as though it never happened.
This means that it will no longer be a matter of public record and will not appear on criminal background checks. Once your record has been expunged, you will no longer be required to answer “yes” when asked if you have a criminal history by employers, licensing agencies, or other entities.
The expungement process
When pursuing an expungement, it is best to work with a criminal lawyer who understands the process and the intricacies of the legal system.
Generally, the process of having your record expunged should proceed as follows:
- Hire an attorney to represent you during the expungement process
- Determine which forms are needed and complete them. Depending on your convictions, probation status, and other facts of your case, you may need to complete some necessary steps before you can petition for expungement. For example, if you haven’t yet completed your probation, you may need to file a motion to terminate your probation early.
- File for expungement and pay any necessary fees.
- Prepare for your expungement hearing with the help of your attorney
- Attend your expungement hearing. During the hearing, a judge will consider your eligibility for expungement based on several factors including the nature of your charges, the status of your parole, and whether having your record sealed will improve your ability to find employment and/or housing.
- If your petition is accepted, your records will be sealed.
- If your petition is denied, you may submit another petition after six months or pursue other options recommended by your attorney.
Who is eligible for expungement in California?
Not everyone with a criminal record in California is eligible for expungement. Individuals who are not eligible for expungement include:
- Anyone currently facing criminal charges
- Those who have been incarcerated as a result of their conviction or are currently incarcerated for another crime
- Anyone who has been convicted of a serious sexual offense against a minor
- Those who are still currently on probation and have not petitioned to have their probation terminated or whose petition has been denied
Individuals who have been convicted of a misdemeanor or felony offense that did not result in incarceration and have fulfilled the terms of their probation are likely to be eligible to file for expungement.
Expungement – Frequently asked questions
A California criminal defense attorney is your best resource for finding answers to your questions regarding the expungement process. We’ve taken the liberty of answering some of the most frequently asked questions below. For more information and to discuss your individual case, contact the offices of attorney Robert M. Helfend.
1. What are the benefits of having your record expunged?
Most every legal professional would agree that having your record expunged is well worth the time and money. Some of the biggest benefits you might experience include the ability to answer “no” on applications when asked if you’ve been convicted of a crime, an easier time obtaining housing, student loans, and professional licenses, and the peace of mind of knowing that you’ve put the past behind you.
2. Does expungement mean all my records will be destroyed?
While an expungement essentially makes your record “go away” for all intents and purposes, it is never completely destroyed. Certain law enforcement agencies, such as the FBI, may still be able to access the record of your conviction if necessary. However, in most circumstances, your conviction will be treated as though it never happened.
3. What are the limitations to what expungement can do?
Having your record expunged will not relieve you of the requirement to register as a sex offender and will not prevent your conviction from influencing your ability to own or possess firearms. Your conviction may also still be considered in the sentencing of a future conviction.
4. How long does it take to get a criminal record expunged?
The length of the expungement process will depend on the facts of your case. In most cases, the process takes between 90 and 120 days. Understanding your conviction, the terms of your probation, what paperwork is needed, and other details can help the process proceed more quickly.
5. Do I need to hire a lawyer to have my record expunged?
While you’re not required to hire an attorney to file for expungement, it is highly recommended that you do. Expungement cases can be complex, and it is easy to miss important details. The odds of having your petition accepted are much higher if you have an expert who understands the ins and outs of the legal system representing you. Working with an attorney who has the necessary knowledge and resources may save you time and money in the long run.
California expungement attorney
Having your record expunged can be a huge step in securing a brighter future. If you think you may be eligible, it is worth talking with an attorney who can review your case and help get you started on the process.
California defense attorney Robert M. Helfend has spent more than 40 years representing clients in all types of criminal defense matters. He and his team understand the importance of fighting for your future and freedom and are ready to put their expertise to work for you. Call us today at 800-834-6434.