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At Kannan Law Firm, we understand that having a criminal record can cause many lifelong problems for people throughout 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 forward.

About expungement

So, what are expungements, and how do they work? The first thing you must understand is that under California law, expungements are more like dismissals than complete expungements. When we approach the courts to have one of our clients’ records expunged, we essentially ask:

• For the reopening of an old case
• To accept the withdrawal of a previous guilty plea
• That plea be replaced by a permanent guilty plea
• That the charges be dismissed

Once this is done, the case is essentially closed, meaning your record will not show any convictions!

What does an expungement do?

The good thing about expungements is that they free people from the disadvantages of having charges hanging over their heads throughout their lives. Once an 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 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 required to disclose that you were once convicted and your record has been expunged.

What Dismissals Don’t Do

Unfortunately, there are several things that a dismissal will not do, for example:

• Your conviction and dismissal will still show on FBI and California criminal history records.
• If your right to bear firearms was removed, a 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 apply for a Certificate of Rehabilitation, which can potentially exempt you from having to register further.

On top of that, a dismissal will not prevent courts from increasing the punishment on subsequent convictions based on the prior conviction. A prior conviction can also be used for impeachment purposes if you commit subsequent crimes.

Obtaining an expungement will also not stop you from losing a government permit or license due to your conviction. This can include the loss of teaching credentials, real estate licenses, bus driver 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 obtaining an expungement.

Who is eligible for an expungement?

People who were convicted of felonies or misdemeanors in California may be eligible for expungement.

However, there are several specific conditions that must be met to qualify for an expungement under Penal Codes 1203.4-1203.4a, 1203.41, and 17.

This includes the following:

• An expungement can only apply for one year after your conviction.
• Your sentence must not have included time served in state prison.
• You must not be on probation for a criminal case.
• There should be no criminal charges pending against you.
• You must have completed your probation or been granted early termination of probation.
• All fines that were associated with your probation should have been paid.
• You must not serve any sentence for criminal offenses.
• You should have been present whenever required at every court date.
• If you were ordered to undergo counseling or community service, you must have completed those programs.
• If you are convicted of a serious crime, an expungement is the first step toward obtaining a pardon.

Crimes that are not eligible for expungements

In California, several crimes are not eligible for expungements. These include murders, kidnappings, and sexual crimes against children.

The following are some of the cases that are not eligible for dismissals;

• 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 parole violations

If you have violated your probation, you may still be eligible for an expungement as long as you are considered a good candidate. When 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 paid employment.
• Your complete criminal record
• Whether or not you have complied with all of your terms of probation.

How to Obtain an Expungement in California

Obtaining an expungement in California can be complex. That is why you need to talk to us at Kannan Law Firm to ensure that you get the best legal advice on the matter that you can get anywhere in the State. We will thoroughly review your case to evaluate its suitability.

Mitigation Form Request

The next step is to fill out a Mitigation Request form. We will prepare it on your behalf. Once the form is filled out, we will send it to the Superior Court, where you were initially convicted. 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 convicted of DUI, Driving with a Suspended License, and Reckless Driving will have to complete additional paperwork and a motion.

A court hearing

A court hearing will then be scheduled, which your attorney can attend on your behalf. Your lawyer may, in this regard, ask you to provide the following:

• Your summary;
• Proof of payment (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 necessary. This is intended to demonstrate that you have become an upstanding citizen who deserves a second chance at a clean record. In some cases, you will obtain an expungement based on the motion filed by your attorney. In other cases, however, a hearing may be held to determine your suitability.

How long does the process take?

Under normal circumstances, it will take the court between eight and ten weeks to decide the expungement you seek. However, if the expungement is for a minor charge, the time needed may be much less.

Can a felony be reduced to a misdemeanor by an expungement?

The answer to this is a big yes! People charged with a “wobbler” (a law that can be a felony or a misdemeanor) can ask the court to convert a charge from a felony 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 ask about an arrest that did not result in a conviction.

An employer also cannot ask about any diversion programs that the court has ordered you to undertake. An employer who, in one way or another, becomes aware of the expungement cannot use it when deciding whether to hire you.

How to delete an arrest record

Those seeking to permanently expunge their arrest records in 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 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;
• You were arrested and charged but later acquitted.

However, most people don’t understand that record sealing is not automatic. For the court to agree to seal your record, it examines the alleged crime and decides whether there was reason to believe that you committed a crime.

If your Factual Innocence Petition (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 Factual Innocence Petition?

Please note that you must file a Factual Innocence Petition within two years of your arrest. At Kannan Law Firm, we recommend contacting us to have your record sealed.

What alternatives are there to remove expungement?

If you are not eligible for an expungement, you still have the option to apply for a pardon. With a pardon, the offense is forgiven, but the record remains. Conversely, a pardon reduces the sentences you were given but does not erase your criminal record.

Note: Interaction between expunction and immigration law

Here at Kannan Law Firm, 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 and the potential immigration consequences of resolving a criminal case.

Many non-US citizens believe an annulment will also erase the prior conviction for immigration reasons. 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 some instances, 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.

Please get in contact with us

One of the things that most people do not understand is that it is essential that they retain the services of an attorney who is willing and able to help them reduce the adverse effects that a conviction can have on their lives.

At Kannan Law Firm, we strive to make your life easier by filing all the paperwork on your behalf and closely monitoring the court process to ensure it is moving forward.

Additionally, depending on the facts of your case, you may not need to appear in court for all of your hearings. In most cases, we appear on behalf of our clients, leaving them with time to get on with their lives undisturbed.

The Internet age has dramatically increased the need for expungements. Using online background checks makes it crucial to ensure that your record is clean so that any information about you that later appears online does not negatively affect your ability to find employment following your conviction. Call us today so we can start helping you.