Martinez

Expungement Lawyer

A criminal conviction can have several consequences that extend beyond fines and jail time. Having a criminal record could have serious ramifications on your housing, immigration status, employment, relationships, and adoptions. Fortunately, some convictions are eligible for an “expungement” — which is a dismissal of the case in California. Petitioning to dismiss a case after a conviction could alleviate some of the long standing barriers and allow you to move forward with your life.

If you or a loved one were convicted of a crime, you might be able to have your record sealed with the help of an accomplished defense attorney. An experienced Martinez expungement lawyer could review your charges and answer any questions you have about the process.

Who Can Have Their Record Expunged?

Expungement refers to the legal procedure to relieve the defendant from the personal consequences acquired by a conviction, as established in California Penal Code §1203.4 . It should be noted that criminal records in California cannot be removed entirely from public view; therefore, what’s referred to as an “expungement” in California does not result in a sealing or erasing of the record but rather the entry to the criminal record converts to a dismissal.

Eligibility requirements prevent some defendants and convictions from being expunged. For instance, most sex crimes involving minors do not qualify for expungement. Additionally, a defendant that went to a California state prison at the time of judgment or for a probation violation cannot have his or her record sealed.

On the other hand, defendants with a felony or misdemeanor conviction who were granted probation, are not presently charged with a crime, are not on probation for a crime, and are not serving time for a crime could be eligible for expungement.

People could increase their chances of getting their conviction expunged by working with a diligent expungement attorney in Martinez.

Advantages of Dismissing a Criminal Record

When a person is convicted of a crime, he or she will have a public criminal record. This public record could interfere with a person’s ability to secure employment, housing, student loans, professional licenses, and citizenship.

Expungement could be highly beneficial because a conviction that has been dismissed is treated as if the conviction did not occur in most situations. Additionally, an expungement could prevent the dismissed conviction from undermining a person’s credibility in certain court proceedings.

Overall, having a criminal record dismissed could provide personal satisfaction and improve a person’s quality of life. A competent local attorney could determine if someone qualifies for an expungement and help him or her consider their options.

When Should Someone Apply for Expungement?

People can apply for expungement as soon as they complete their probation and meet all other eligibility requirements. In Martinez, an expungement attorney could expedite the process by filing a petition to secure early termination of probation.

Many courts are inclined to award early terminations of probations when the convicted party demonstrates good character and has completed all other probation requirements besides the sentence. An early termination of probation and expungement could allow people to move forward with their lives with confidence.

Speak to a Martinez Expungement Attorney Today

Although a record in California will not be erased or sealed by filing a Petition to Dismiss the conviction under 1203.4, it is modifiable from a conviction to a dismissal and can reduce the obstacles an individual may face due to his or her criminal history. People interested in expungement could benefit from having a legal professional guide them through the process.

A seasoned Martinez expungement lawyer could determine your eligibility and answer any questions you have about dismissing a conviction. Call our firm today to schedule your initial case consultation.