EXPUNGEMENTS
What is Expungement?
Expungement is a legal process by which a conviction or plea of either Guilty or No Contest in a criminal case is set aside and the case is dismissed. It relieves the defendant of certain penalties and disabilities that result from a criminal action, such as having to divulge your criminal record on employment applications or in other similar situations.
SB 731 along with Assembly Bill 1076 comprise California’s Clean Slate Laws, making it easier to clear your background check and therefore find employment.
How does expungement clear a criminal record?
In California, expungement is the legal process which allows a person to clear his or her criminal record. While the record itself is not physically destroyed or permanently sealed, it is removed from the public record. Only governmental agencies will have access to the record, and this means that applying for employment at a private company will reveal no criminal background, as will a background check conducted by any personal or professional acquaintance. In most situations, a person who has gone through the expungement process will be able to legally deny a criminal record.
Why Expungement?
Many of our clients decide to clear their criminal records for the peace of mind it can bring. Having a clean record can also positively impact employment, financial and housing opportunities. When you are asked whether you have a criminal record, you will legally be able to answer “no.”
With the internet playing a bigger and bigger role in all of our lives, having a criminal record can also affect personal and professional relationships and opportunities, as arrests and/or convictions may show up on online background checks. Expungement helps eliminate damage to your reputation as well. We all make mistakes. Expungement allows us to keep these from the public record so we can face a better and brighter future.
Do I Qualify for Expungement?
Commonly, expungement can be granted for drug crimes, white collar crimes, certain felony offenses and many others if you are qualified, and this will be adjudicated on an individual basis. Those convicted of serious sex crimes involving children will not be allowed to expunge their records.
In order to be eligible, you cannot currently be on probation or serving a sentence for any criminal offense and you cannot, as well, be currently charged with any crime. If you were convicted of a misdemeanor or felony, a key part of eligibility will be the fact of having successfully completed your probation. Even if you violated the terms of your probation, our firm can in some instances still have the court agree to expunge your records.
Once we have verified your eligibility, we gather the necessary information so that your petition to the court is correctly prepared and filed. Finally, we represent you at your expungement hearing towards the goal of giving you the fresh start you need.
A seasoned Bakersfield criminal defense attorney from The Law Offices of Mark Anthony Raimondo can help you to understand the process of expungement, what the eligibility requirements are and can work to see that your expungement is carried out correctly.
Having a criminal record can hurt your chances for a new job, a better life, and it stays with you wherever you go. An expungement will clear your criminal record, effectively giving you a second chance. Not everyone can qualify for an expungement, so contact Bakersfield expungement attorney Mark Anthony Raimondo today to find out your options.
