Lawyer to Expunge a Criminal Record
Expurgation – Formal removal of a criminal record
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We, at Kannan Law Firm, understand that having a criminal record can be a source of many lifelong problems for people across the United States. We pride ourselves on being able to help people close this difficult chapter in their lives through the expungement process and move on.
About the expungement
So what are expungements and how do they work? Well, the first thing you need to understand is that expungements, according to California law, are more of dismissals, rather than full expungements. When we approach the courts to have the record of one of our clients removed, we essentially ask for:
- Let an old case be reopened
- Accept the withdrawal of a previous guilty plea
- That plea be replaced by a permanent “guilty plea”
- Ask that the charges be dismissed.
Once this is done, the case is essentially closed, which means that your record will now, for all intents and purposes, show no convictions!
What does an expungement do?
The good thing about expungements is that they free people from the disadvantages that come from having charges over their heads throughout their lives. Once the expungement has been granted, the law legally allows you, in some cases, to omit the fact that you were once arrested and convicted.
That’s because the new court entry will now show that the case against you was dismissed.
In practical terms, getting a dismissal means that when someone, including a potential employer, tries to see your criminal record, they no longer have access to the charges that were brought against you and are not allowed to ask about these charges and arrests while interviewing you. .
exceptions
The exception to this rule is when you are applying for a job as a government employee or if you are seeking a government-issued security clearance or government-issued license. Here, you are actually required to disclose the fact that you were once convicted and that your record has been expunged.
What dismissals don’t do
Unfortunately, there are a number of things that a delete will not do, for example:
Your conviction and dismissal will still show up on the FBI and California criminal records.
If your right to bear firearms was withdrawn, the dismissal will not restore it.
If you were required to register as a sex offender as part of your conviction, a dismissal will not remove it from your criminal record. The only thing you can do in this case is request a Certificate of Rehabilitation, which can potentially exempt you from further registration.
On top of that, a dismissal will not prevent courts from increasing the punishment on subsequent convictions, based on the prior conviction. The prior conviction can also be used for impeachment purposes if you commit subsequent crimes.
Obtaining an expungement will also not stop the loss of a government permit or license due to your conviction. This can include the loss of teaching credentials, real estate licenses, bus driver’s licenses, and many more.
The last fact is that your case will still be visible to anyone who knows what to look for, even after you’ve gotten a cancellation.
Even if you have expunged convictions under PC 1203.4.2, when you apply for a state license, for public office, or to contract with the state lottery, you must disclose any criminal convictions.
Who is eligible for an expungement?
People who were convicted of felonies or misdemeanors in California may be eligible for expungement.
However, there are a number of specific conditions that must be met in order for you to qualify for removal under Penal Codes 1203.4-1203.4a, 1203.41 and 17.
This includes the following:
- An expungement can only be applied for one year after your conviction.
- Your sentence must not have included time served in state prison.
- You should not be on probation for a criminal case.
- There should be no pending criminal charges against you.
- You must have completed your probationary period or obtained early termination of probation.
- All fines that were associated with your probation should have been paid.
- You must not serve any sentences for criminal offences.
- You should have been present whenever required at every court date.
- If you have been ordered to submit to counseling or community service, you must have completed those programs.
- If you are convicted of a felony, an expungement is the first step toward obtaining a pardon.
Offenses that are not eligible for expungements
In California, there are a number of crimes that are not eligible for expungements. These include murder, kidnapping, and sexual offenses against children.
The following are some of the cases that are not eligible for cancellations;
- Penal Code 29900.
- Penal Code Section 261 (d), 286 (c), 288, 288a (c), 288.5 and 289 (j).
- Vehicle Code, Section 42001 (b). This includes sections 2800, 2801, and 2803.
- Penal Code Section 311.1, 311.3, 311.2, 311.11.
People who have probation violations
If you have violated your probationary period, you may still be eligible for an expungement, as long as you are considered a good candidate. In evaluating your case, the court will look at the following:
- The seriousness of the crime for which you were convicted
- Community and family ties
- The availability of opportunities for you to obtain gainful employment.
- Your complete criminal record
- Whether or not you have fulfilled all your terms of probation.
How to Get an Expungement in California
Obtaining an expungement in California can be quite complex. That is why you need to talk to us at the Law Offices of Alex Amar Kannan, to make sure you get the best legal advice on the matter that you can get anywhere in the State. We will thoroughly review your case to assess its suitability.
Request for mitigation form
The next step is to fill out a Mitigation Request form. We will prepare it on your behalf. Once the form has been filled out, we will forward it to the High Court where you were originally sentenced. A court will then review and determine the petition.
For misdemeanor cases, no more information is required than what is provided on the Mitigation Form. However, people who have been convicted of DUI, Driving on a Suspended License, and Reckless Driving will have to complete additional paperwork, as well as a motion.
A court hearing
A court hearing will then be scheduled, which your lawyer can attend on your behalf. Your lawyer may, in this regard, ask you to provide the following:
- Your summary;
- Pay stubs (from your current job);
- Employer references; and letters of recommendation from your family and friends.
The documents you submit will be presented to a judge, along with any other documentation that may be required. This is to show that you have become an upstanding citizen who deserves a second chance at a clean record. In some cases, you will get an expungement based on the motion filed by your attorney. In other cases, however, a hearing may have to be held to determine your suitability.
How long does the process take?
Under normal circumstances, it will take eight to ten weeks for the court to make a decision regarding the expungement you are seeking. However, if the expungement is for a minor charge, the time it takes may be much less.
Can a felony be reduced to a misdemeanor by expungement?
The answer to this is a big yes! People who have been charged with a “wobbler” (a law that can be either a felony or a misdemeanor), can ask the court to convert a felony charge to a misdemeanor. When this request is granted, a new request can be made to delete the record.
Do labor laws protect a person with expungement?
California has laws that protect people who have had their cases sealed, expunged, or dismissed. California Labor Code 432.7 makes it illegal for an employer to inquire about an arrest that did not result in a conviction.
An employer also can’t ask about any diversion programs you’ve been ordered by the court to do. An employer who, in one way or another, becomes aware of the expungement cannot use it when making a determination about whether or not to hire you.
How to delete an arrest record?
Those seeking to have their arrest records permanently expunged from the State of California must follow a procedure known as “sealing,” rather than the expungement route. Sealing a record can be done in any case for which you have not been convicted. This could be in the following scenarios:
- Your charges were dismissed after your arrest;
- You were not charged after your arrest; either
- You were arrested and charged, but later you were acquitted.
- What most people don’t understand is that records sealing is not automatic, however. In order for the court to agree to seal your record, they actually examine the alleged crime and make a determination as to whether or not there was reason to believe that you committed a crime.
In the event your Petition of Factual Innocence (Penal Code § 851.8(a)) is granted, all records related to your arrest and prosecution will be sealed. This includes your license plate photos and your fingerprints. These records will be physically destroyed after three years.
When can I file a Petition of Factual Innocence?
Please note that you must file a Factual Innocence Petition within two years of your arrest. At the Law Office of Alex Amar Kannan, we recommend that you contact us to have your record sealed.
What alternatives are there to eliminate the expungement?
If you are not eligible for a cancellation, you still have the option to apply for a pardon. With a pardon, the offense is forgiven, but the record remains. A pardon, on the other hand, reduces the sentences you were awarded but does not expunge your criminal record.
Note: Interaction Between Expungement and Immigration Law
Here at the Law Offices of Alex Amar Kannan, we also have extensive experience and knowledge in immigration law. We have helped and continue to help non-citizens who are forced to navigate the criminal justice system. We are aware of the complexities of immigration law, as well as the potential immigration consequences of a resolution of a criminal case.
Many non-citizens of the United States believe that an annulment will also erase the prior immigration conviction. In essence, many believe this allows non-US citizens to tell immigration officials that they have not been arrested or convicted since the prior conviction was expunged. This is not true. While a conviction can be expunged, it still remains intact for immigration purposes.
In certain cases, an expungement may appear more favorable based on the discretion of an immigration officer or judge. However, it is necessary to understand that an expungement does not erase the conviction for immigration reasons. There are limited post-conviction remedies under certain constitutional measures where a conviction can be expunged entirely for immigration purposes. However, an expungement is not one of them.
Get in contact with us
One of the things that most people do not understand is that it is important that they retain the services of an attorney who is willing and able to help them reduce the negative effects that a conviction can have on their lives.
We, at the Law Offices of Alex Amar Kannan, are there to make your life easier by filing all paperwork on your behalf and closely monitoring the court process to make sure it is moving forward.
Also, depending on the facts of your case, you may not need to appear in court for all of your hearings. In most cases, we show up on behalf of our clients, leaving them time to get on with their lives undisturbed.
The Internet age has drastically increased the need for cancellations. The use of Internet background checks makes it crucial for you to ensure that your record is clean so that any information about you that subsequently appears online does not cast a negative light on your ability to find employment after your conviction. . Give us a call today so we can start helping you.