Expungement Can Clear Your Public Record


April 25, 2008
By Stephen G. Rodriguez, Attorney at Law on April 25, 2008 11:18 PM |

If you are falsely convicted of a crime and later exonerated, as in the case of James Ochoa who was chronicled in yesterday's post, you will want to make sure your criminal record is expunged. Expungement is the legal process of erasing all eligible felony and misdemeanor charges from the public record. In California, many criminal convictions can be cleared from the public record once probation terms are met. Expungement allows you to clear your name and move forward with your life. When expungement is complete, it's as if the misdemeanor or felony never occurred. The slate is wiped clean.

A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, buying a condo or home, voting, obtaining certain professional licenses and credentials (nursing, realtor, medical, teaching, etc.), becoming a U.S. citizen and running for political office. Many of the benefits we take for granted in our society are unavailable to people with a criminal record. Background checks and the availability of information on the internet make it all too easy for potential employers, lenders and others to obtain potentially embarrassing and sensitive personal information. Expungement keeps a criminal record from embarrassing you or creating future problems. Following expungement, you can lawfully answer "no" if asked, "Have you ever been convicted of a crime?" You won't have to worry about what someone will find if they run a background check.

With the exception of traffic and sex crimes, most criminal convictions, including many drug charges, can be expunged; however, you must petition the court to expunge your record. Once processing is complete, an expunged criminal record cannot be reversed. The process of expungement can take two to four months to complete and requires the services of an experienced expungement attorney.