Articles
Get Rid Of A Criminal Record Today!
GET RID OF A CRIMINAL RECORD TODAY! A criminal record is a burden and a disability, which can prevent you from living the life you want. Having a criminal record can make it all but impossible for you to get a loan or a good job, jeopardizing your ability to make a decent living and care for your family.
But it doesn’t have to be. Under California law, you have a right to a clean slate, as long as you take action. I’m devoted to helping my clients claim the legal right they are guaranteed—the right to a fresh start.
The tragedy is that so many people continue to sacrifice their quality of life, and continue to be treated like criminals, not knowing that the law permits them to clear their name.
The process is called “expungement.” Once an offense has been expunged, it no longer appears on most background checks, and employers are legally prevented from considering it when making a hiring or salary decision. If asked if you have ever committed a crime, you are legally entitled to answer “no.” It is as if your conviction never even happened.
How does the expungement process work? The process can begin once you have successfully completed the terms of your probation. If you were not placed on probation, you can apply for expungement one year after you entered a plea. The expungement process begins once you and your lawyer file a petition with the court where you received the conviction. The matter is then typically sent to the probation department for review. The probation department then submits a report to the court and a hearing is set. Once the court grants the expungement, the conviction is set-aside, a plea of “not guilty” is entered, and the case is dismissed. The court then sends a copy of the order to the Department of Justice to update the individual’s records.
Can a DUI be expunged? In nearly all cases, the answer is “yes”—a DUI can be expunged. If you were convicted of a felony DUI, the charge can be reduced to a misdemeanor once you have completed the probation. And once a misdemeanor, the conviction can then be expunged.
Does expungement leave any traces of the conviction? For most intents and purposes, the expungement process means a clean slate. However, there are limitations. A certain type of background check, which is rarely done, will show that there was a court case, what you were charged with, and that the case was dismissed. Most background checks, as I mentioned, will simply come up empty. Another limitation is that judges will still consider an expunged conviction when making a sentencing decision for a future crime.
As I mentioned before, you can legally say—on an application or in an interview— that you have never been convicted of a crime. However, there are four exceptions. You must disclose your expunged conviction if you are 1) running for public office, 2) applying to become a peace officer, 3) seeking to contract with the California Lottery commission, or 4) applying for a State license.
If you have a criminal record, the worst thing you can do is nothing at all. You’re not a second class citizen, and you shouldn’t be treated like you. You deserve the peace of mind that comes with putting the past behind you. But it’s up to you to stand up for your rights.
