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under Calfifornia Penal Code section 1203.4 provides that once an individuals criminal record is expunged the person is released from "all penalties and disablilities arising out of that conviction"

 

In many circumstances a criminal conviction can be expunged from your record under 1203.4 and in some circumstances you may even get your probation terminated early the court has the authority to do so under Penal Code section 1203.3.   I have had this occur on several occassion. 

You may even be able to get your Felony Coniction reduced to a Misdameanor, and then expunged under 1203.4 at the same time.  The crime must be what is commonly referred to as a wobbler in order for you to have relief under Penal Code Section 17B.

I will look at some of the frequently asked questions regarding expungements.  

Who is eligible to get a a Calfornia Expungement.  Generally you are entitled to an expungement in the following circumstances it should be noted that these general rules are discretionary, meaning up to the judgement of the court.

1. You successfully completed probation or were terminated early from probation by order of the court.

2. Attended all required court appearances

3.  did not commit any new offenses.

4. Your are not currently on Probation or Parole for another offense.

 

You must file the proper paperwork with the court usually at least 15 days before the hearing. 

 

What an expungement will do for you

For private employment your employer cannot discriminate against you for your conviction once the conviction is expunged.

Your employer cannot inquire about the fact you suffered a Misdameanor conviction.

Once an expungement has been obtained your character cannot be impeached with the conviction, unless you are the defendant testifying on your own behalf. 

 

An expungement will not

End your duty to register as a sex offender.

Restore Firearm rights

Completely destroy the records.  This can only be done through a sealing of records or destruction of records, which is a completely different code section with completely different rules.

 

As a General Rule you can only get your records destroyed if there was an arrest with no charges filed.

or a finding of factual innocense 851. 8 which requires a  hearing.

In Juvenile Court for non 707 B offenses unde new California Laws much of Juvenile Records are reviewed after two years for possible destruction. 

You must if you are applying for a Peace Officer position or other position requirieng licenseing by the State of California admit to and disclose criminal convictions that resulted in expungement. 

You cannot expunge a conviction if you were sent to state prision.  The proper way to proceed in this circumstance would be a certificate of rehabilitation. 

 

What must I do to obtain an Expungement?

First we review your criminal history to make sure you are eligible.

Than we fill out the Motion and set a court date.

We attend the court date and have an order ready for the Judge to sign.

 

What happens after the court date?

The Judicial staff will send the Order signed by the Judge to the Department of Justice where they will do what is called an update on your criminal history commonly referred to as a RAP sheet.  it should be noted RAP sheets are not public record if  someone does a live scan it will show the conviction; however it wil also show the expungement.

If you have any questions do not hesitate to call I have helped over One hundred people obtain expungements in four different counties I can get you through this.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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