Many individuals convicted of a misdemeanor or felony offense in California fear that their criminal records will follow them throughout their lives and create impediments to employment, housing, education and other opportunities. This fear is not unfounded, however, it’s often possible to wipe the slate clean through a process called expungement. The skilled lawyers of The Kavinoky Law Firm are experienced in every aspect of California expungement and other forms of post-conviction relief, and will fight hard to clean up an individual’s criminal record.
Expungement of California misdemeanor offenses is possible as long as the defendant meets certain criteria. The individual must have completed probation, if applicable, or have been granted early release – something that a knowledgeable defense attorney can also help with. If the individual violated the terms of probation and had it reinstated or revoked, it’s up to the court to decide whether to grant expungement. If the individual was not placed on probation, at least one year must pass between the date of conviction and the date that expungement is requested.
In addition to the requirements listed above, all fines, court fees and restitution ordered as part of the original sentence must be paid, and the individual cannot have any criminal charges pending or be on probation for another offense.
Certain offenses cannot be expunged, including most sex crimes and violations of California Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803.
If all of the requirements listed above are met, the process of expunging a California misdemeanor conviction is as follows: An attorney files a petition with the original court of conviction to have the charges dismissed. If the petition is granted, the individual is allowed to withdraw a plea of Guilty or nolo contendere / No Contest. If the individual was convicted by a judge or jury, the guilty verdict is set aside. When that occurs, the original charges are dismissed and the individual no longer has a conviction on his or her record.
Although expunging a California misdemeanor conviction has enormous benefits, there are also limitations. The individual must disclose expunged offenses in certain circumstances, including applications for public office or any state license, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery.
Other circumstances not specifically mandated by law may also require disclosure, such as applications to become a police officer. In addition, restrictions such as firearm possession or requirement to register as a sex offender will still apply even though expungement has been accomplished..
Despite the limitations, the benefits of expunging a California misdemeanor conviction are enormous. Having a clean criminal record eliminates hurdles to many opportunities, particularly employment. Perhaps even more valuable is the peace of mind that comes from rectifying a past mistake. To learn more about expungement or other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.