An expungement releases an individual from most of the negative consequences of a conviction. In today’s competitive economy it is more crucial to be able to put the one mistake from your past aside and be able to state that you have a clean criminal record. Penal Code §1203.4 is the legal procedure in California to allow an individual to be releases from virtually “all penalties and disabilities” arising out of a conviction.
If you are ready to put your past behind you, contact the Igarian Law Firm. Our experience is unmatched. We will assist in putting together the petition and any supporting documentation, make sure it is filed correctly in court, and argue on your behalf during the expungement hearing.
See if you are eligible below and contact our office immediately.
Who Is Eligible For An Expungement
Defendants convicted of California misdemeanors or felonies can apply for an expungement if:
- Defendant has successfully completed probation for the offense, AND
- Defendant did not serve time in state prison for the offense
Who is NOT Eligible For An Expungement
Anyone:
- Currently charged with a criminal offense,
- On probation for a criminal offense, OR
- Serving a sentence for a criminal offense
(those convicted of certain sex crimes are also not eligible)
What an Expungement Does NOT Do
It Does NOT:
- Overturn a driver’s license suspension
- Restore your gun rights if they have been taken away
- If the expunged conviction was a strike, it will still count as a strike for future purposes
- If charged with another crime in future, expunged conviction may be used still to enhance sentence
- If applying only for a government job, you still must disclose of the conviction (but can note “Dismissed per PC §1203.4”)
What Does An Expungement Do
- You can legally answer “No” if an employer asks if you’ve been convicted of a crime
- Your Guilty plea is withdrawn and a plea of NOT GUILTY is entered
- Your record will show the underlying case as DISMISSED
- It can help you in obtaining a state professional license
- If you are ever a witness in a civil case, you cannot be impeached with your expunged conviction
- You can close a chapter of your past, and move on without shame
What If I Violated My Probation
Generally, probation must have been successfully completed for one to be eligible for an expungement. If you violated your probation, the court will set a hearing to decide if you are a good candidate for an expungement in theinterest of justice. We at the Igarian Law Firm have had great success in such cases in getting the expungement petition granted for our Clients. Contact us now to discuss your case.
