Live Life on Your Terms: EXPUNGEMENT OF YOUR Criminal Record
Estimated Read Time: 4-5 Minutes
Reviewed by Attorney Nate Gjesdal
March 3, 2024
In the pursuit of a fresh start, individuals with a criminal record often explore the possibility of expungement. In California, the expungement process is governed by Penal Code 1203.4. This legal avenue offers a chance for individuals to set aside prior convictions and move forward with a clean slate. In this article, we'll take a look at how an expungement lawyer in Orange County can help you.
Understanding Penal Code 1203.4:
Penal Code 1203.4 provides a mechanism for the expungement of certain convictions in California. While not applicable to all cases, it allows eligible individuals to petition the court to set aside their convictions and dismiss the charges against them.
Eligibility Criteria:
Not all convictions are eligible for expungement under Penal Code 1203.4. To qualify, individuals must meet specific criteria:
Completion of Probation: Generally, individuals must have successfully completed their probationary period before becoming eligible for expungement.
Compliance with Court Orders: Adherence to court-ordered requirements, including the payment of fines and restitution, is crucial for eligibility.
No Ongoing Legal Issues: Individuals should not be facing any current criminal charges or serving another sentence.
Benefits of Expungement:
Employment Opportunities: Expungement can enhance job prospects by allowing individuals to truthfully answer "no" when asked about prior convictions on job applications.
Professional Licenses: Some professions require a clean criminal record.
Expungement can make obtaining or renewing professional licenses more feasible.
Housing Opportunities: Rental units in California can be competitive, and require extensive background checks. Having a criminal record may hinder a person’s ability to secure housing.
Peace of Mind: Achieving expungement can provide a sense of closure and relief from the stigma associated with a criminal record.
The Expungement Process:
Call Our Office: Contact Not Guilty Law today. Our expungement attorneys have over a decade of experience navigating the expungement process throughout Southern California. We can advise you on the process, and what supporting documentation will maximize the chance of success.
Obtain Your Criminal Record: Request a copy of your criminal record from the California Department of Justice to identify eligible convictions.
Petition the Court: File a petition for expungement with the court where the conviction occurred. This often involves completing specific forms and providing supporting documentation.
Attend a Hearing: In some cases, a court hearing may be required to determine whether expungement is appropriate. This provides an opportunity for the individual to present their case.
While expungement can be a valuable tool for a fresh start, calling Not Guilty Law is essential to ensure the best possible outcome. Our expungement lawyers will help you consider whether you’re eligible for expungement and how to put together the best package possible for the judge to consider. Understanding your rights and the intricacies of the process empowers individuals to take proactive steps toward a brighter future.
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