Expungements

Having a criminal record can cause a lot of headaches. Most people wish to put the experience behind them, however, a criminal record can become an obstacle to gaining professional licenses or even certain types of employment. Most job applications do require a disclosure of prior criminal convictions.

Clearing your criminal record or obtaining an expungement, is a way to keep employers from using criminal history as an impediment to employment. In order to ask a court for an expungement, you must first be eligible. Certain factors such as the nature of the original offense, successful completion of probation and no new criminal charges have a great effect on your eligibility.

A person who has successfully completed probation can request that the court set aside a guilty verdict or allow the withdrawal of a guilty or no contest plea. The complaint or information would then be dismissed under California Penal Code section 1203.4. The same code section allows the court to grant the Penal Code 1203.4 petition in any case if it is in the interest of justice, however the legislature and the courts have put several limitations on this type of relief.

While anyone can file a petition under Penal Code section 1203.4, even without an attorney, doing so is not advised. As your Sacramento expungement attorneys we can prepare the petition in a pleading format and prepare a package of information to be filed with the court.

When the court grants the Penal Code 1203.4 motion, the person's record is not erased or sealed but rather it is marked with an entry as being "dismissed."

The relief granted under this section does not prevent the conviction from being counted as a prior in any future prosecution. It also does not relieve the person from the duty to disclose the conviction when asked on any questionnaire or application for public office, state or local licensing agency, or contracting with the state lottery. There are certain rare situations in which a felony conviction dismissed under this code section may have to be disclosed to a private employer as well.

An order dismissing the conviction does not reinstate the right of a person to own or possess a firearm. Such a dismissal does also not relieve a person required to register as a sex offender of the obligation to register. In such cases however, a pardon should be sought. There are numerous other limitations relating to this statute.

Contact  the Law Office of Bonilla & Cintean, LLP. today to set up a free consultation and discuss your specific expungement possibilities.