Experienced Criminal Law Attorneys in Burbank and Los Angeles County
California Expungements:
An expungement is a process whereby a criminal conviction or a plea of guilty or no-contest is set aside and the case dismissed. An expungement relieves a person of the penalties and disabilities that result from a criminal conviction. We can also reduce certain felony convictions to a misdemeanor and reduce the effects of a criminal conviction.
You are eligible to have your case expunged IF: You were granted probation and have fulfilled all of the conditions of your sentence and the period of probation has expired. If your probation has not expired, you will have to apply for early termination of your probation. You are also eligible if you were not granted probation and one year has passed since you were sentenced. Additionally, you are not currently charged with a new offense, and you are not on probation or serving a sentence on any case.
Expungement allows you to answer certain questions concerning arrest and convictions by stating that the case was dismissed, EXCEPT, direct questions contained in any questionnaire or application for public office, or when obtaining a license from any state or local agency, or when contracting with the California State Lottery. An expungement does not seal your record nor is it removed from your Criminal History Information. If, at a later time, you are charged with a priorable offense (one that has a more severe penalty for a second or a subsequent conviction), this conviction can still be alleged as a prior conviction.
An expungement does not allow you to own, possess, or have in your custody or control any firearm capable of being concealed or prevent your conviction under Penal Code section 12021, if applicable.
Expunging your criminal record means that your conviction cannot be used against you in a civil case to discredit you. Also, expunging a "moral turpitude" offense (crimes committed with evil purpose) may help you in your immigration matter. Finally, expunging your criminal record will allow you to say that you have never been convicted of a crime on some job applications.
The following offenses are not eligible for expungement:
- Infractions;
- Disobeying a peace officer;
- Disobeying a firefighter;
- Improperly loaded vehicle;
- Unlawful sexual intercourse with a minor;
- Sodomy;
- Lewd acts on a minor;
- Oral copulation;
- Continuous sexual abuse of a child
- Sexual penetration of minor under 14 (when you were 10 years older than the minor).
If you have a criminal record in California, contact us today and get the representation that you deserve. Attorneys Henry Mosesi and Art Kalantarian are dedicated to giving our clients the personal attention and the aggressive representation that they need in their case. Call us to schedule an appointment for a free initial consultation at 818.433.7590 or toll free at 888.848.8408.
