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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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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