EXPUNGEMENTS

Our law offices gets numerous phone calls from people in Ventura and Los Angeles inquiring about the expungement process, about what an expungement actually does, and how an expungement is able to help them. Expungements are always a good idea, as getting an expugement can enhance your chances of employment, admission to a University or other Educational Institution, and with the issuance of certain government issued licenses.

What exactly is an Expungement?
An expungement is an order from the Court stating that a conviction be set aside, a plea of not guilty be entered, and the case be dismissed pursuant to Penal Code section 1203.4

Who is Eligible for an Expungement?
In order to get an expungmement you must be an adult who was granted probation and you succesfully completed probation either by fulfilling the conditions of probation or being discharged early. Additionally, all fines, fees and any restitution must be paid off before an expungement will be ordered.

What will the Expungement do for me?
Despite popular belief the expungement does not make your case “go away” completely. Your case will remain public record, but the status of your case will indicate that the case was dismissed instead of indicating that you were found guilty. The granting of an expungement will allow you to lawfully answer on job applications that you have not been convicted. *If, however, you are applying for a government job or a job which requires a government-issued license, certificate or permit, or a job which involves a security clearance, the conviction will be discovered –– in such cases, you should disclose the conviction and it’s expungement and often the expungement will result in the granting of a license that would otherwise not have been issued to you. Additionally, if you desire to get a Governor’s pardon the expungement will be the first step in receiving a pardon.

An Expugement WILL NOT however, remove the conviction from your “Rap Sheet” –– California and FBI criminal history records will still show the conviction and a dismissal “per Penal Code 1203.4”; it will not reinstate the right to possess firearms (however you may be able to get this reinstated by obaining a reduction in sentence through Penal Code 17 b. Contact our office at (805) 494-1131 to discuss your eligibilty for a 17 (b) reduction.; an expungement will not allow you to omit the conviction from applications for government issued licenses; it will not seal or otherwise remove the court case file from public inspection – anyone who knows where to look will be able to find the court case file; an expungement will not prevent the conviction from being used as a “Prior” to increase punishment in a case of a subsequent conviction; it will not prevent the conviction from being used for impeachment purposes if called as a witness; it will not prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as real estate sales license, teaching credential, bus drivers license, security guard certificate, etc., however, the expungement may reduce the weight given the conviction by the licensing agency; it will not eliminate the conviction from consideration for Immigration purposes.

Expungements that helped previous clients:

A former client was offered a job at Quickbooks, a software company, but the company’s security clearance policy did not allow anyone with a crime of violence to be employed, as it was seen as a threat to others within the company. This client retained our services and we successfully expunged his conviction for assault. After the Expungement was granted and the case “dismissed,” the employer no longer considered him a possible threat to other employees, he was able to pass the company’s security clearance, and has been fully employed with the company since.

A former client planned on applying for a Masters degree at Pepperdine University, but was very weary that her prior theft conviction would prevent her from being accepted to such a prestigious and religious institution. She retained our services and within 3 weeks her case was dismissed and Expungement was granted. She was shortly thereafter accepted to Pepperdine and is now studying to become an English Professor.

You never know when your prior conviction will come back to haunt you, get it taken care of before it becomes an issue. Call us at (805) 494-1131 for a free consultation and the possibility of you obtaining an expungement.