Are You Eligible for Expungement in California?

Are You Eligible for Expungement in California?

One bad choice or a moment of poor judgment shouldn't have to follow you around forever. If your crime qualifies under California law, you might consider an expungement. Once your felony or misdemeanor California crime is expunged, California Penal Code 1203.4 PC releases you from all penalties and disabilities which arise from the conviction. Employers cannot access the crime when pulling up your criminal history, and are not allowed to ask you about it during an interview.

You could be eligible to expunge your criminal record(s) in the state of California if you were convicted of a misdemeanor or felony offense and:

  • You were not sentenced to serve time in a California state prison;
  • Completed your probation successfully (or obtained early probation termination);
  • Have no current criminal charges against you;
  • Are not currently on probation for a criminal offense;
  • Are not currently serving a sentence for a criminal offense;
  • Paid all fines associated with your terms of probation;
  • Completed any mandated community service hours or counseling programs, and
  • Attended every required court appearance.

Crimes That Are Not Eligible for Expungement

There are specific criminal offenses in the state of California, which are not eligible for Expungement. Serious sex offenses committed against a child are not eligible for expungement. If you received a probation violation, you may still be able to apply to have your criminal record expunged. You will appear with your attorney at a special hearing to determine whether you are otherwise a good candidate for expungement.

What Expungement CAN Do:

  • Help you obtain a better job: Employers are not allowed to discriminate against you because you have an expunged criminal record.
  • Help you obtain a professional license: With an expunged record, you will be allowed to apply for professional licenses, although you may still have to disclose this conviction to the state licensing board.
  • Help you aoid immigration issues: Numerous crimes often result in deportation. If you are eligible to have your criminal record expunged, you could possible avoid this.

What Expungement CANNOT do:

  • Erase the conviction
  • Overturn driver's license suspensions
  • Restore gun rights
  • End a duty to register as a sex offender
  • Prevent enhanced sentences and/or strikes

It is important to know that expungement does not simply erase your conviction. Others can still access this information by performing a background check.

How an East Bay Criminal Attorney Can Help You

The expungement process is very complex; it is essential you speak to an Oakland criminal attorney who can analyze your case in order to determine whether you are eligible for expungement. Current and relevant laws will be researched by your attorney and all necessary paperwork will be filed in a timely manner. Your lawyer will then attend your expungement hearing. If your hearing has a positive outcome, you will gain certain benefits such as a boost in securing employment, and an ability to obtain a state professional license.

Speak to the knowledgeable attorney at the Law Office of Nabiel C. Ahmed to learn what expungement can do for you. Call (510) 907-6600.