Posted on March 11, 2017

Expungement Q&A

Most people who suffer from a criminal conviction seek to put this behind you. Typically, the best remedy available is to seek an expungement. Most convictions are eligible for expungement including DUI, domestic violence, battery, theft crimes, and even violent offenses. Contact our office today to speak with an experienced Orange County Expungement Attorney to discuss how you can expunge your record to put the past far behind you.

What is an Expungement in California?

An expungement is an order from the court that set aside your guilty or no contest plea, then dismisses the conviction under California Penal Code 1203.4. An expungement does not nullify the conviction nor does it delete the conviction from your record. However, an expungement carries several benefits especially for those seeking employment in the private sector. Ordinarily, an expungement is the best post-conviction remedy available.

What are the Eligibility Requirements?

Expungement eligibility requires that a petition be finished with their probation period. This also includes full completion of community service, fines, restitution, or other terms that were included in the sentence. In addition, you cannot be on probation for any other offense or have any pending cases currently against you when submitting your petition. Furthermore, your sentence cannot have resulted in you serving time in state prison.

What Crimes Cannot be Expunged?

Several convictions are not eligible for an expungement. These crimes most include dangerous driving offenses or sex crimes. Below is a list of offenses that are disqualified from seeking an expungement. Consequently, your only source of relief is to pursue a certificate of rehabilitation.

  • PC 261.5(d)
  • PC 286(c)
  • PC 288
  • PC 288.5
  • PC 289(j)
  • PC 311.1
  • PC 311.2
  • PC 311.3
  • PC 311.11
  • VC 2800
  • VC 2801
  • VC 2803
  • VC 42001(b)
  • VC 42002.1

How long does the Process take?

The length of time to obtain an expungement will be largely upon how long ago the conviction occurred. In some cases, people seek to expunge their conviction(s) thirty (30) years later. Because court records presumably no longer exist, the process could take longer versus someone who had recently completed their probation period. Ordinarily, the process takes approximately six weeks to obtain.

Should I retain an Attorney?

Submitting an expungement petition can be done by any person without the need for a lawyer. However, it is not recommended you attempt to expunge your record without an attorney. You may be liable to make a mistake or submit the petition under the wrong standard of review. Consequently, your expungement petition could be denied and thereby delay the process further. If you cannot afford an attorney, you can request the services of the Orange County Public Defender.

Contact Us to Schedule a Free Consultation

If you were previously convicted of a crime and are seeking to expunge your record, then contact an experienced Orange County criminal defense attorney at the Law Offices of John D. Rogers to schedule a free case evaluation.

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