Can employers consider a confiction that has been expunged?
Do I qualify to have my conviction expunged?
Does it cost more to have my felony reduced before expungement?
Do I qualify to have my felony reduced to a misdemeanor?
Does expungement restore my Second Amendment Rights
Will reducing my felony to a misdemeanor restore my gun rights?
Can I make payments or use a credit card?
What doesn’t expungement do?
What is the statute that authorizes expungement
What can be done for sex offenses?
How long does expungement take? Expungement of a misdemeanor usually takes 4 to 6 weeks. Felonies usually take 4 to 8 weeks.
Will I need to go to court?No. We go for you. Am I eligible for expungment? The following offenses cannot be expunged: Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; Penal Code Section 261(d), 286(c), 288, 288a(c), 288.5 and 289(j). Also, if your sentence involved time in a state prison (as opposed to county jail), your conviction cannot be expunged. Does it matter if I pled guilty or no contest? No, it does not matter. We can expunge your conviction regardless of what you pled.
What happens after my record is expunged? You will receive a court order setting aside your conviction and dismissing your case. Criminal record databases will be updated to reflect that your conviction was set aside and your case was dismissed.
Can employers consider a conviction that has been expunged (dismissed)? In most cases, no. Once your cases is expunged (dismissed), it is no longer considered a conviction and California Labor Code 432.7(a) prohibits employers from asking an applicant to disclose information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring. An employer who intentionally violates this section can be liable for a misdemeanor, plus fines, and attorney's fees. This section does not apply to criminal justice agencies, health facilities, and has a few other narrow exceptions.
What will show-up when someone does a background check? That depends on the kind of background check that is done. A “hard” search involves you authorizing a government agency to release your records and you providing fingerprints. This type of search will show that there was a court case, a charge of whatever you were charged with, and a dismissal with no finding of guilt and no conviction. A “soft” search, which is done by most employers, utilizes a private sector company to search for convictions. This type of search will in most cases show nothing at all, in some cases it will show that there was a court case, a charge of whatever you were charged with, and a dismissal with no finding of guilt and no conviction.
Do I qualify to have my record expunged? If you have successfully completed your probation, do not have any pending cases, and your crime was not for violations of Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803, or Penal Code sections 286(c), 288, 288a(c), 288.5, 289(j) or any felony conviction of Penal Code section 261.5(d), you qualify for expugement.
Does it cost more to have my felony reduced before expungement? No. Its all included in the felony package. If your conviction was for a "wobbler," we will also petition the court to have it reduced.
Does expungement restore my Second Amendment Rights? Possibly. The two most common reasons for a person to lose their right to own or possess a firearm are (1) being convicted of a felony or (2) being convicted of domestic violence.
If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemenor, which will restore your right to own a firearem.
If you were convicted of domestic violence, there are two firearm prohibtions placed on you. The first is a 10 year prohibition from the state of California for which expungement does not affect. The second is a lifetime prohibition from the United States goverment (Lautenberg Amendment to the Violence Against Women Act), which expungement will eliminate.
Can I make payments or pay with a credit card? Yes, we can create a payment plan and we can accept credit cards.
Do I qualify to have my felony reduced to a misdemeanor? If your conviction was for what is known as a “Wobbler” and you were placed on probation, not parole, we can ask the court to reduce your felony to a misdemeanor before we expunge it. Click here to see a list of wobblers or call us and we will tell you if it is.
Will reducing my felony to a misdemeanor restore my right to own a gun or other firearm? Yes, in most cases. What doesn’t expungement do?It does not go off of your record for sentencing purposes for any future crime. It does not relieve you of the duty to disclose the conviction in response to a direct question in any application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. It does not destroy actual records of the arrest or of the court case.
What law authorizes expungement? While the word expungement does not appear anywhere in California's Penal Code, section 1203.4 puts forth the process that allows the court to withdraw the finding of guilt and to dismiss the conviction. The affect is that the conviction is expunged from the record.
What about sex offenses? For a detailed explanation on sex offenses, click here.
