Orange County Expungement Lawyer
A criminal conviction can be taxing on an individual’s reputation, relationship with colleagues, and future. Prospective employers often conduct criminal background checks on applicants. A criminal record could mean the difference between beginning a new career or staying unemployed. Fortunately, a remedy exists that can help distance the social stigma of being labeled as a criminal offender. Attorney John D. Rogers, an Orange County Expungement Lawyer, devotes a substantial amount of practice to assisting those in cleaning up their prior record. His office offers individualized attention and submits all necessary documentation to ensure the conviction is effectively dismissed without any complications or error.
What is an Expungement?
California’s expungement statute is correctly referred to as a dismissal statute codified under Penal Code section 1203.4. It is a post-conviction remedy available for those who have been deemed statutorily rehabilitated. Upon filing an expungement petition, the court will withdraw its finding of guilt, and dismiss the case under the expungement statute. Consequently, a notation will be added to a person’s formal criminal record reflecting that the conviction has been dismissed. Thereafter, a person will receive the benefits of not having to disclose the conviction on most employment applications. However, a person must disclose the conviction, regardless of an expungement, to any government agency or those seeking a professional license.
Expungements are available for all types of offenses and degrees. Moreover, a felony, misdemeanor, or DUI conviction is capable of being expunged. However, there are certain disqualifying convictions however, such as several sex crimes, that cannot legally be expunged. The most controlling factor a judge considers is your performance and behavior while on probation – e.g., did you suffer from any violations, did you timely complete all the terms and conditions of your sentence, etc.
Why Should I Expunge My Record?
Among the employment benefits in the private sector, an expungement can assist someone or an agency that they have been deemed fully rehabilitated for their offense. For example, someone undergoing the process of adopting a child may suffer from a DUI in the past. Consequently, the adoption agency will need to investigate whether the petition is fit and rehabilitated to undertake the care of a child. In this instance, the petition can assist in proving they’ve been rehabilitated based on a judicial order of being rehabilitated. This may also be relevant for those who are seeking a professional license, U.S. Citizenship, or jobs requiring disclosure of the conviction regardless of the expungement.
Requirements for your Record to Be Expunged
Someone seeking to expunge their record must fulfill certain eligibility requirements or their petition will be denied. Before filing the petition, a petition must fulfill the following:
- Must not be on probation for any offense,
- Petitioner did not serve time in state prison,
- Petitioner has no pending cases against them,
- The conviction is statutorily eligible for expungement.
Felony Reduction to a Misdemeanor
Those convicted of a felony may be eligible for their conviction to be reduced after completing probation. Reducing a felony conviction to a misdemeanor is only applicable to wobbler offenses. A wobbler is a crime punishable as either a felony or misdemeanor. Reducing the conviction is codified under Penal Code 17(b) allowing the judge discretion to reduce the felony. Ordinarily, the reduction petition is filed concurrently with an expungement petition, thus allowing the judge to rule upon both at the same time.
Contact an Orange County Expungement Lawyer
If you have been convicted of a crime in Orange County and seeking to expunge your record, contact an experienced Orange County Criminal Lawyer for advice and guidance to successfully dismiss your conviction. Contact our office today to schedule your free confidential case evaluation. Our office handles all expungement petitions at all Orange County Courthouses.