California Puts Brakes on Expungement
Posted on May 19, 2008
Filed Under Expungement |
In a law that went into effect on January 1, 2008, California put the brakes on expungement in cases involving hit and run, reckless driving and driving under the influence of alcohol and drugs. The new law no longer guarantees those convicted of such vehicle violations the right to expungement following successful completion of probation.
Expungement is the legal process by which an individual’s entire criminal record is erased in the eyes of the law. In California, certain felony and misdemeanor convictions were eligible for expungement upon completion of probation. Your attorney could petition to expunge your criminal record which would wipe the conviction from the public record as if it had never occurred. Conviction of a felony or misdemeanor can affect a person’s ability to get a job, obtain a loan, be granted a professional license or teaching certificate, rent an apartment, vote or run for political office. Expungement removed those obstacles. Until the passage of the new law, expungement could be used to clear a person’s record of nearly all crimes in which probation rather than state prison was ordered, with the noted exception of sex offender crimes. If probation was completed without incident, expungement was practically guaranteed for nearly all crimes. No more.
The new law removes the individual’s guaranteed right to expungement from a host of vehicle felonies and misdemeanors. Judges now have increased discretion in granting or denying petitions for expungement of convictions for hit and run, DUI or reckless driving. Expungements can still be granted if the judge concludes such action to be “in the interests of justice.” However, the standards or criteria to be used in making that judgment are lacking from the new law.
More than ever, the services of an experienced expungement attorney may be necessary to ensure your right to expungement if you are charged with a vehicle offense. For information on expurgacion de antendentes penales, visit our Spanish version website.
-LegalPro
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