When a conviction is expunged, it’s removed from your criminal record. If you were convicted of a misdemeanor or felony, and you weren’t sentenced to state prison, you might be eligible for expungement of your criminal records in California.
The general rule in California is that if you don’t take action to hide your criminal record, it follows you wherever you go. An old conviction from 10 years ago can return to haunt you on a job application or security check. It might even be cause for firing you if you never disclosed it to your employer.
Not everybody is eligible for expungement of criminal records in California. Applicable law doesn’t permit expunction of certain crimes. If your conviction falls within the scope of expungement, you must show that:
– You have completed your probation
– All fines, costs and restitutions must have been paid
– You cannot have spent any time in state prison for the offense
– You cannot be facing any new charges
If you’re still on probation, you can apply for expungement, but you’re required to show that expungement of your record would serve the ends of justice. As opposed to convictions that are mandatory after submitting your application, if you’re still on probation and apply for expungement, you have the burden of proving that you’ve been reformed and turned your life completely around.
If an expungement order is entered, your arrest is still going to show on court records, but those records will show that the case against you was dismissed. It’s against the law in California for a potential employer to discriminate against you on the basis of any expunged convictions.
Sealing and destroying records are entirely different forms of relief than an expungement. You must be able to show one of the following:
– You were arrested, but no charges were ever filed
– There was an in-court dismissal of the case against you
– You were found not guilty in a trial
Criminal convictions just don’t go away after a period of time. They stay with you for rest of your life. You’ll always have a conviction on your record if you don’t or can’t expunge it, and since they’re public records, anybody can access them. Contact A&T Legal Group with any questions and for the best criminal defense attorney.
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