When you have been convicted of a crime, that conviction follows you far beyond the end of your sentence. Many employers and professional organizations do criminal background checks on potential new hires and applicants. A criminal conviction can bar you from employment, admittance to schools, professional licensure, and even from some housing. Just because a criminal conviction has made it onto your record, though, doesn’t mean it will always be there. Many convicted criminals in the state of California are eligible for expungement, which wipes their legal records clean.
Qualifying for Expungement in California
With the exception of those who served their sentences in state prison, anyone who has completed their probation, paid all fines, attended all court appearances, and committed no additional crimes may qualify for expungement. Even if you failed to meet all requirements of your probation, though, you can seek an expungement, and whether or not you will qualify for expungement is at the discretion of the court.
When you file for an expungement, you must give the prosecutor at least 15 days notice, and the prosecutor may review your case before your hearing. Once your hearing is set, you must attend court, and a judge will determine if you qualify for expungement and the extent of your expungement on your record.
Penal Code 1000 in California
It is never too early to start fighting a conviction from appearing on your record. When you have been arrested on a drug offense, Penal Code 1000 provides a means of expunging your record as you serve your probation. Under the penal code, judgment on your drug case is withheld until you have the chance to undergo drug treatment. Though you plead guilty in court, if you fulfill all aspects of your probation, your conviction will never appear on your record.
Prop 36 is another drug diversion program that allows you to go through drug rehabilitation in lieu of jail time. Though, under Prop 36, you will receive a conviction, once you complete your probation, you are still a highly likely candidate for expungement.
Expungement Attorney in Riverside and Southern California
With the impact a criminal conviction can have on your future, getting your record expunged once you have met all criteria is one of the most important things you can do after a criminal arrest and sentence. Robert Brownlee is a Riverside-based attorney who represents those seeking expungement in Riverside, Orange, San Bernardino, Los Angeles, and San Diego Counties.