Am I Eligible for Expungement?
A criminal record can make certain aspects of your life incredibly difficult. Applying for a job, getting into a school program and securing an apartment are all impacted by a prior conviction, but they don’t always have to be. In California, you have the option of expunging your criminal record. If you are successfully granted an expungement, your guilty plea or conviction is withdrawn and replaced with a permanent non-guilty plea, and your case is dismissed. It’s like your conviction never happened. These are the requirements you need to meet before you can be considered eligible for expungement.
Who Is Eligible for Expungement?
You are entitled to expunge your criminal record in California if you were convicted of a misdemeanor or felony offense, and meet the following two requirements:
- You have successfully completed probation
- You are not currently charged with a criminal offense, on probation for a criminal offense or serving time for a criminal offense
Successfully completing your probation means you finished all the terms of your probation (fines, programs, community service, etc.), attended all the required court appearances, and have not committed any new crimes while on probation.
Before the court can grant you an expungement, your case will be analyzed to determine if you are, in fact, eligible for this type of relief. You must also file the appropriate paperwork within the proper timeframes and attend the expungement hearing, which an attorney can help you with.
Who Is Not Eligible for Expungement?
Not everyone is eligible for expungement. If you were convicted of a crime and were sent to state prison, you are not eligible. Beyond that, there are certain offenses that cannot be expunged, such as sodomy with a child, lewd acts with a child, oral copulation with a child, and intercourse with a child younger than sixteen.
Contact Us Today!
At The Law Office of Brian C. Andritch, we can assist you with the expungement process by helping you collect and fill out the required paperwork and prepare you for your hearing. Our Fresno criminal defense lawyer has the dedication and resources to defend your rights.
Call (559) 484-2112 or contact us online for a free consultation.