Expunging Record Provides New Lease on Life
Posted on June 16, 2008
Filed Under Criminal Law, Expungement, Felonies, Law, misdemeanor |
A criminal record haunts you for the rest of your life. It can affect your ability to get a job, take out a car loan, obtain a home mortgage, rent an apartment, vote, obtain a professional license, run for political office and even get a credit card. A criminal record is public. Everyone from your employer to your kid’s teacher to the nosy neighbor down the street can access your criminal record. In many cases your criminal record can be expunged. With the exception of law enforcement officials, expungement ensures that no one will know about your arrest or conviction.
In many instances, a qualified criminal defense attorney can petition to expunge your criminal record of eligible felony and misdemeanor charges. After your record is successfully expunged, these charges are wiped clean from the slate as if they never occurred. In the eyes of the law, your criminal record is erased. If you fill out a form that asks: Have you ever been convicted of a crime? Expungement allows you to truthfully answer: No.
Not all criminal convictions are eligible for expungement under California law. Most misdemeanors and some felonies qualify for expungement. In California, felony convictions can be expunged if the defendant did not serve a state prison sentence and did successfully complete the terms of probation with the exception of most traffic and sex-related crimes. While other conditions may also apply to an individual’s case, the following general conditions must be met before a petition to expunge can be filed by your attorney:
- Probation must have been successfully completed or, if no probation was granted, one year must have passed since the judgment date.
- All court orders must have been obeyed.
- The defendant must be free of all subsequent offenses.
- The defendant must be living an honest and upright life.
-LegalPro
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