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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          San Leandro Expungement Lawyer

          If you have a criminal conviction on your record, you may be concerned about how it will affect your job search, housing search, or other community activities like volunteering at your child’s school. Because of these collateral concerns, a criminal conviction could continue to adversely affect both your personal and professional life after you have served your punishment.

          Depending on your situation, though, a San Leandro expungement lawyer may be able to assist you with clearing an eligible criminal conviction from your record. By working with an experienced defense attorney, you could evaluate your unique circumstances and make an informed decision about how to proceed with the expungement process.

          Expungement of Criminal Convictions

          According to California Penal Code §1203.4, individuals who have been convicted of certain criminal offenses may petition the court for an expungement of his or her criminal record. During a successful proceeding, a judge may reopen a criminal case, disregard the conviction, and dismiss the case altogether.

          Successful expungement petitions thus allow an individual to legally state that he or she has no criminal convictions. Expunged convictions also no longer show up on criminal background checks completed by potential landlords or employers.

          Eligibility for Clearing a Record in San Leandro

          There are specific guidelines that must be followed before it can be determined that a person is eligible for expungement. These prerequisite steps include all the following:

          • The criminal conviction was granted in state court, not federal court
          • The person was not sentenced to serve any time in state prison
          • An individual either completed their terms of probation successfully or—if they were not placed on probation—it has been at least one year since the criminal conviction
          • He or she has satisfied all requirements of their sentence(s), including payment of fines and completion of community service hours
          • The individual is not currently charged with, on probation for, or serving a sentence for another criminal offense
          • The crime to be expunged is not one which CPC §1203.4 specifically excludes from the expungement process, such as sex offenses committed against children

          While an individual who previously violated the terms of his or her probation is not barred from petitioning for a cleared record, that violation may be an additional factor that a judge considers in deciding whether to grant a petition. A knowledgeable San Leandro expungement attorney could help by explaining the nuances of eligibility and how it may affect your case.

          Disclosures of Expunged Convictions

          If someone successfully expunges his or her convictions, there are circumstances in which he or she must still disclose these convictions, or in which the convictions may affect their current lives. For example, individuals engaged in a contract with the California State Lottery Commission, running for public office, or applying for a state license still must disclose convictions that were expunged.

          Additionally, if someone is facing sentencing in subsequent criminal convictions, the previously-expunged charges might still be used against him or her by the prosecuting attorney as evidence of prior convictions. The legal counsel of a seasoned expungement lawyer in San Leandro could help you understand when and where a record may be brought up, and how to prepare.

          Contact a San Leandro Expungement Attorney

          A successful clearing of your criminal record may help to improve your life, particularly regarding your future job and career prospects. If you are determining eligibility or are already eligible to have one or more criminal convictions expunged, a dedicated San Leandro expungement lawyer may be able to help.

          If you meet the requirements, an experienced defense attorney could work with you to file a petition to clear your conviction, as well as guide you through the court process necessary to achieve your goals. For more information about whether you are eligible, call today.

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