Clearing a Criminal Record in CA

Criminal records have always been public information.

Back in the day, getting to that information was time-consuming and somewhat complicated. Today, however, thanks to the internet, your criminal record is only a few mouse clicks and keystrokes away for the whole world to see. Information companies have indexed criminal court records into vast national databases that can be searched by name and date of birth. Now, potential employers, licensing agencies, universities & graduate schools, and professional organizations can conduct a background check of your criminal record in moments.

As easy as it is for others to do background checks, it is likewise easy to expunge your criminal record in California. More importantly, once a felony or misdemeanor conviction is expunged, a prospective employer is barred from using it against you in hiring decisions. Better still, when asked about a prior conviction, you may be able to answer "no."

Hit the Reset Button on a Regrettable Past

The California Penal Code (PC §1203.4) provides that once an individual's criminal record is expunged, the person is released from "all penalties and disabilities" arising out of the conviction. Such a release may be invaluable for securing or maintaining California professional licenses and for joining many professional organizations. This relief offers you a "fresh start" from an otherwise questionable past.

Are You Eligible for a California Expungement?

As a general rule, one is entitled to have a criminal record expunged if, after a misdemeanor or felony conviction:

1. Probation was granted, AND

2. Probation was successfully completed, AND

3. The person is not currently charged with a criminal offense, on probation for a criminal offense or serving a sentence for a criminal offense.

A defendant who was initially or as a result of a probation violation sent to California State Prison does not qualify for an expungement.

"Successfully completing probation" means that the defendant complied with ALL probation terms, attended all court appearances (either personally or through a lawyer), paid all fines & fees, and did not pick up any new criminal cases.

Who Else is NOT Eligible?

There are certain criminal offenses in California that cannot be expunged, such as:

• PC §286(c) California's law against sodomy with a child,

• PC §288 California's lewd acts with a child law,

• PC §288a (c) California's law against oral copulation with a child, and

• PC §261.5(d) California's statutory rape law which prohibits sexual intercourse between persons who are 21 years and older with persons younger than 16.

Is a Probation Violation the End of the World?

NO! The court will hold a special hearing to determine whether you are a good candidate for expungement, despite the probation violation.

Remember, Judges are people too. They have the discretion to consider a variety of factors before deciding whether to grant or deny the expungement petition. That is why it is so important to have skilled representation. The Court will consider your overall performance while on probation, the seriousness of the underlying conviction, your criminal history, and any additional evidence that may demonstrate why an expungement is appropriate.

A good attorney will help persuade and encourage the Court to grant the request by using all available information in a way that portrays you in the best possible light. David Givot, for example, will take advantage of facts such as your opportunity to get a new job, obtain a promotion or maintain a good job; the fact that you are the breadwinner for your family; the fact that you have followed the proper path even after probation, and whatever else may be available to help achieve a successful result.

Why Bother with an Expungement?

While there are a variety of benefits to having a criminal record expunged, some stand out more than others.

For starters, an expungement can help you secure employment. Most people don't know that California law, an employer is prohibited from discriminating against you for being involved in an arrest that didn't result in a conviction. An employer may not inquire about the fact that you suffered an arrest that didn't result in a conviction. Nor may an employer discriminate against you based on the fact that you have expunged convictions.

An expungement can be helpful with obtaining a state professional license, which may be very helpful when competing for a promotion or trying to land a great career.

For some individuals, an expungement may help prevent certain immigration consequences such as deportation.

What's the Bad News?

As you might expect, there are limitations as to what an expungement can do.

In California, an expungement will not overturn a driver's license suspension or revocation, nor will it restore your California gun rights under Penal Code 12021 PC California's felon with a firearm law. An expungement will NOT terminate a duty to register as a California sex offender under PC §290 PC.

In addition, expunged convictions may still be used as prior convictions to enhance sentencing (such as with multiple DUI convictions) and as "strikes" for purposes of California's three strikes law.

As you can see, an expungement goes a long way to make the best of a bad situation. The Law Office of David J. Givot is ready to help you get on with the rest of your life. Let us help you expunge your criminal records throughout California, including Los Angeles, San Bernardino, Riverside, and Orange County.

Call David J. Givot today at (888) 293-0396 for your FREE consultation or visit http://www.thelegalguardian.net/.