Expungement Lawyer Long Beach
If you have been convicted of a criminal charge, it may still show up on background checks and cause problems when seeking new employment. The job market is tough so people are seeking an expungement. This makes criminal arrests and convictions on your record no longer available. The records are essentially destroyed.
Clearing Your Record
Anthony Falangetti has the experience of being a deputy district attorney which greatly benefits clients who are seeking criminal record expungement. Background checks are a relatively recent phenomenon. Before companies started making criminal records readily available, the only ones likely to come across criminal records were law enforcement. If you are interested in having your criminal record expunged, speak with our firm today.
In the state of California, you must comply with certain requirements if you wish to have your criminal record expunged. As a general rule, the law states in California Penal Code §1203.4 that an individual may be eligible for expungement if:
You have completed your term of probation successfully
Currently you are not under a probation term, charged with a crime or serving a sentence
The only exception to this rule is if your probation was terminated early. If for any reason you were sent to prison as a penalty for your original charges or a consequence of a probation violation, you may not qualify for expungement. When it discusses completing a probationary period successfully, it means the following:
No new crimes were committed while under probation
Every court appearance was attended by either you or you were represented through your attorney
All terms of the probation were kept including paying fines, attending certain courses, community service, etc.
Those that do not strictly comply with their probation must attend a special court hearing if they wish to have their record cleared. It is completely up to the court and their understanding of your character and actions to determine the outcome of your expungement. They will look at your history of offenses, general performance even aside from criminal activity, the severity of your original conviction, and any other important evidence retained from looking at your work, home and family life.
Certain individuals are not eligible at all for expungement and that includes those that have committed sex crimes with children as stated under the Penal Code 288. This includes sodomy, oral copulation, sexual intercourse with a minor under 16 years of age and any other type of lewd action. Contact a qualified criminal defense lawyer if you are desiring to have your record cleared once and for all.
The advent of background check technology allowed employers and other organizations to check your criminal records even if they were over ten years old. By utilizing expungement, you are able to clear your past criminal record which will allow you obtain the employment or professional license you are seeking. Criminal records do not expire and so they remain indefinitely. Since they are technically public records, anyone can access them.
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If you wish to expunge your records in the state of California, your original plea will be set-aside and replaced with a plea of "not-guilty". If you were convicted of a felony at one time, it must be reduced to a misdemeanor before it is expunged. After your records are expunged you can truthfully answer "no" when you are asked whether or not you have a criminal record with a few exceptions. If you would like to find out if you qualify for expungement, contact us toll free for a no cost initial consultation.