How to Get an Expungement
Getting charges expunged from your record is often difficult and time-consuming. A person is much more likely to have an expungement granted with the use of a lawyer. One may try to get an expungement without an attorney but often find it difficult, considering all necessary criteria for eligibility and paperwork. Necessary criteria often include finishing any classes or community service hours left or paying off any fines. An expungement can either seal your conviction or lessen the severity of the charge, giving you a clean slate. Here’s everything you need to know about how to get an expungement.
What Is An Expungement?
An expungement is a special petition to have charges hidden from public view. Similar to the diversion program, after a person has been charged and convicted of a crime that person may file for a petition to expunge that record. This will allow for the charge(s) to be hidden from any private entities that must search your background. Unlike the diversion program, however, expunged records will show as “dismissed”, and will not be sealed and destroyed like the diversion program.
What Can Be Expunged?
It is important to note that not all charges can be expunged. Sex crimes against children are unable to be expunged from a person’s record under any circumstance. Misdemeanors are much easier to have removed from your record rather than having a felony removed. There are also different processes involved if you are ex or current military, or if you were charged with a federal crime. Getting in contact with a Pride Legal Expungement Attorney can help you go through the correct expungement process. Felony charges are typically much harder to completely expunge. For this reason, your lawyer will likely petition to have your felony charge reduced to a misdemeanor.
What Must I Complete To Be Eligible For Expungement?
There are some criteria that must be met in order to be eligible for expungement. To be eligible, you must complete any requirements set by the court. If you were given community service, classes to complete, or fines to pay, they must be completed before sending in your petition to expunge. People who are currently on probation, or have been convicted of another case during the time of their petition, will be denied their petition. Prisoners that have been sent to state prison (not city or county jail) will not be eligible for expungements.
I violated my probation. Can I still get an expungement?
However, those who have received a probation violation are not completely out of luck. With the help of an attorney, they will be able to fight with the court showing that you have been a good person, and have done several things for the community and to help better yourself since you have been convicted.
What Can Expungement Do For Me?
Expungements can help a person for numerous reasons. Having past crimes erased from your record is vital in securing quality jobs, and when applying for certain services. Whether it be applying for a new job, or trying to secure a lease on the rent, having criminal charges erased from your record could immensely help your situation.
Can I get a gun after my record has been expungement?
A popular myth is that a person would be able to get their gun permit after their felony has been expunged; this is not the case. In the state of California, once convicted of a felony, you lose your right to own a firearm for life. The only two ways to be able to receive a firearms permit is by having your felony charge dropped to a misdemeanor, or receiving a pardon from the Governor of California.
Contact Pride Legal
If you or a loved one is seeking an expungement, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
