MISDEMEANOR EXPUNGEMENTS
If you have been convicted of a misdemeanor,
that conviction is going to remain
on your record forever. It is not something
that magically falls off of your record
after a certain number of years. However,
with the help of WILL & WILL, LLP,
there is something you can do about
cleaning up your criminal record. Pursuant
to California Penal Code section 1203.4,
a misdemeanor conviction can be expunged
once you have successfully complete
all the terms of your probation. If
you pled guilty or no contest to an
offense but were granted a terminal
disposition (i.e., were not placed
on probation), your conviction can
be expunged one year after the date
you pled guilty or no contest. Although
successful completion of probation
is a requirement, the law provides
courts the discretion to expunge convictions
where probation was violated, but later
completed successfully.
Once your criminal conviction has
been expunged, you can legally answer
“no” to direct questions of whether
you were convicted of that crime. There
are 3 exceptions to this general rule:
1) in an application for peace officer
or public office, 2) in an application
for a state license, or 3) contracting
with the California Lottery Commission.
In all other cases, you can deny the
conviction. Furthermore, certain licensing
agencies like the Department of Real
Estate require that you expunge your
record as a criteria for licensing.
The Process of Obtaining an Expungement
The expungement process begins with
the filing of a motion and petition
with the same court in which the conviction
to be expunged took place. The matter
is then normally sent to the probation
department for review. Probation then
submits a report to the court and the
matter is set for a hearing. Once the
expungement is granted, the conviction
is set-aside, a plea of not-guilty
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 criminal
record.
The attorneys at WILL & WILL,
LLP frequently handle misdemeanor expungements.
Our lawyers will draft the motion to
expunge, prepare and file the petition,
and appear at the hearing to argue
on your behalf. You do not have to
appear if the expungement is for a
prior misdemeanor conviction. We can
take care of everything for you. Expunging
your record is a relatively uncomplicated
process.
Here at WILL & WILL, LLP, our
attorneys have helped countless clients
get their convictions expunged. As
a result, we know how to optimize the
chances of getting your motion granted
by the judge. Moreover, we are very
familiar with the courts where your
motion will be argued. This further
increases your odds of success. Call
WILL & WILL, LLP or fill out our
online contact form for a free consultation
about expunging your misdemeanor conviction.
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