Should I expunge my criminal record? How do I do it?
If you have short-, medium-, or long-term intentions to reside as a United States citizen, the best recommendation is to seek to expunge or seal your criminal record, provided that your case can be appealed and, consequently, expunged. How can you find out if your conviction can be dismissed?
There are many ways, but the first would be to consult with an experienced criminal defense attorney who can advise and guide you through this type of litigation. Therefore, if you receive the help of experts like Kannan Law in San Diego, California, the entire process of expunging your criminal record will be more bearable.
Our firm is proud to have helped many people close these chapters in their lives, as a criminal record can lead to a number of negative aspects in the lives of immigrants, as it can mean the denial of their Adjustment of Status process.
For this reason, you should consider that having a criminal record can significantly delay your ability to obtain permanent status in the United States. It is best to eliminate it as soon as possible through a timely dismissal, which the attorneys at Kannan Law can assist you with.
What is a criminal record?
A criminal record is a record of documents used to document all criminal acts committed by an individual, as it is used as a compilation of arrests and convictions. Whenever a police officer records your fingerprints for criminal investigation purposes, this information will be added to your criminal record.
In the event of an arrest, your criminal record must include: A) date; B) charges; C) Final disposition of the events. It is important to note that if the district attorney has declined prosecution, the criminal record certificate in your file should indicate this. Furthermore, your file must not only list convictions or arrests but also the charges, sentences, and level of offense, whether felony or misdemeanor.
All of this information is crucial when Kannan Law’s attorneys review your case. They will help you determine the best path to dismissing each of the charges against you, clearing your name, and demonstrating that you are eligible to apply for an adjustment of status visa.
It’s important to note that you can schedule your appointment with Kannan Law before or after requesting and obtaining your criminal record certificate, but if you don’t have it on hand, the process is as follows:
You can request it by letter or request. If you choose the former, you must address a letter to the California Department of Justice, including your name, the address where the file will be sent, and the reason for the request. However, if you request it, you should only contact the local police department.
You will then need to pay a fee, which you must send by check or money order. You should NOT send cash with your application or letter. The check must be made payable to the California Department of Justice and state the following reason: “Criminal Background Check Fee.” Please note that you can request a fee waiver.
Please send your application by email or letter, along with your check or money order, to the following address:
California Department of Justice
P.O. Box 903417
Sacramento, CA 94203-4170
ATTN: Records Review Unit
Once you have received a response to your application, you will receive a fingerprint card known as a “Live Scan,” along with a list of locations where you can register your fingerprints.
Yes, an attorney can help you with criminal record expungement, depending on your case. No two legal processes are the same in the United States legal world. For this reason, we recommend scheduling an appointment to discuss your case and situation before requesting expungement.
Expungement is a legal process by which a criminal record or conviction can be erased or sealed from official records under certain conditions. However, not all crimes are eligible for expungement, and the criteria vary depending on the convictions or charges you have received, hence the importance of a thorough review.
The attorneys at Kannan Law specialize in criminal law and can offer specific advice on whether your case is eligible for expungement to guide you through the process.
Should You Hire a Criminal Record Expungement Attorney?
If you want to avoid the unpleasant and uncomfortable moments that can come with navigating these procedures without knowing or being familiar with US law, you should have a specialized attorney who can advise and guide you every step of the way so you can successfully expunge your criminal record in San Diego, California.
The team of attorneys at Kannan Law is ready to provide you with the personalized service, attention, and care your case deserves. So don’t hesitate any longer and schedule your appointment with our criminal record expungement attorneys.
Frequently Asked Questions
What are the benefits of expunging my criminal record?
Expunging your criminal record can help improve your employment, housing, and educational opportunities, in addition to facilitating immigration processes such as Adjustment of Status. It also allows you to regain certain rights, depending on the nature of your case.
What crimes can be expunged from a criminal record?
Not all crimes are eligible for expungement. In general, minor convictions and certain felonies can be expunged under certain conditions. Factors such as time since conviction, completion of the sentence, and lack of repeat offenses influence eligibility.
How long does the expungement process take?
The time varies depending on the complexity of the case and the jurisdiction in which the conviction was filed. In California, the process can take from a few months to more than a year, depending on the court’s workload and the documentation required.
If my criminal record is expunged, will it disappear completely?
Not necessarily. While your record can be sealed or expunged from public records, certain government agencies, such as immigration or law enforcement, can still access it in specific cases. However, for most practical purposes, your record will be cleared.
Do I need a lawyer to expunge my criminal record?
Although it’s not mandatory, having a specialized attorney significantly increases your chances of success. An attorney can assess your eligibility, file the proper paperwork, and represent you at hearings if necessary. Kannan Law in San Diego, California, has expungement experts to guide you through the process.