Dublin Expungement Lawyer
California Penal Law contains many provisions by which you can find relief for past mistakes, decisions, or unfortunate circumstances. In fact, criminal convictions may be completely erased from your record in certain cases, allowing you to apply for housing, government benefits, and jobs without having to disclose that you were convicted of a crime.
However, the process for expungement in Dublin and throughout California can be complex. Only certain people qualify for this program, and many of them must make a convincing argument before a judge to have this request granted.
Fortunately, a Dublin expungement lawyer may be able to help. A skilled criminal attorney with a focus on criminal law could work with you to help you understand whether you qualify for expungement. They could then file the necessary paperwork and attend the necessary hearings on your behalf to help you get a fresh start on life. En Español.
Applying for Expungement in California
Expungement begins with the petitioner completing Form CR-180 and submitting it to the superior court in the county where the original case took place. It is helpful to include a memorandum of points and authorities and declaration in support. A copy of this application must also be served on the prosecutor for the district where the expungement hearing would occur.
Once the court schedules this hearing, the defendant and the local prosecutor would have the opportunity to argue about the potential rationale for expungement. The court’s ability to do this is granted by California Penal Code §1203.4.
During the hearing, the petitioner and their Dublin expungement lawyer should be prepared to present evidence as to why the motion should be granted. This can include evidence that they have completed all terms of probation and have since remained out of trouble.
Who Qualifies for Expungement?
Almost any individual convicted of a crime can apply for expungement. However, people who were convicted of felonies that resulted in a state prison sentence can never ask for an expungement. Instead, these individuals must apply for a certificate of rehabilitation, which is a separate legal proceeding.
In addition, people convicted of certain offenses are ineligible for expungement, even if their conviction does not result in a prison sentence. Some of these offenses include:
- Sexual offenses committed against a minor
- Child pornography charges
In some situations, the court is required to accept this motion. Specifically, the law requires a court to expunge a criminal record if a defendant receives a probation term or jail term and completes the sentence without incident for certain crimes.
In other cases, the defendant must argue why it is in the interest of justice for the expungement to be granted. This normally applies if a defendant fails to completed their term of probation or are serving a grant of probation for a new conviction. In either event, an applicant must have paid all fines, completed all terms of probation, and must not be on probation or currently have any pending criminal charges.
How a Dublin Expungement Attorney Could Help
A criminal conviction does not need to have a permanent effect on your life. While a conviction through either a guilty plea or a trial can certainly cause immense short-term pain, California law allows many individuals convicted of crimes to find a long-term resolution and get their life back on track.
By using the State’s expungement process, many people convicted of a crime in California can petition to have their record cleaned up with a Penal Code 1203.4 Dismissal. This will change the language of the conviction to “Dismissed” and it will no longer be treated as a conviction in most circumstances.
The court is required under certain circumstances to grant this request. In others, you must be prepared to argue their case. A Dublin expungement lawyer could help you file the necessary paperwork, gather evidence, and argue the case in court. Call today to learn more.