Expungement of Criminal Record
If you have been convicted of a crime and need to clean your criminal record, you can do this by a process called an expungement. With the current economy, it is more important than ever to expunge your criminal record.
Employers are faced with many decisions in a hiring process. With unemployment at a high rate, the increased amount of applicants at any given position makes it that much harder to land the job you want. Having a criminal conviction on your record will make it that much more difficult if you do not get the misdemeanor or felony expunged.
If you already have a job, you have to ask yourself if you’re safe from being laid off. Most employers are trying to cut down on the number of employees to save cost. Having a criminal conviction on your record may give them a reason to put you on the cutting block. This is why it is important to expunge your criminal record.
Below you will see a list of situations where an expungement may apply. It is important that you speak with an Orange County expungement attorney to evaluate your specific case to properly expunge your criminal record.
Convicted of a Misdemeanor and Completed Probation
If you have been convicted of a misdemeanor, and you have completed probation, you are eligible for an expungement of your criminal record as long as you are not serving a sentence for any offense, on probation for any offense, or currently charged with any other crimes.
Convicted of a Misdemeanor and still on Probation
You may be able to expunge your misdemeanor even if you have not completed probation. In this situation, we would request an early release from probation and then expunge the conviction. The court has discretion to terminate probation early and you must be released from probation before you can expunge your record.
Convicted of a Misdemeanor and never received Probation
You are eligible to expunge your misdemeanor if you were convicted and you never received probation. To be eligible under this scenario, it must be at least one year since the date of your conviction, you have fully complied with all court orders involving your conviction, and you have stayed out of trouble.
Felony Reduction Expungement
A felony expungement works similarly to a misdemeanor expungement. The process is a little different but the result is the same. You must request the court change the felony to a misdemeanor, and then have the misdemeanor expunged. The felony you are charged with must be considered a “wobbler.” A “wobbler” is a crime that can be either charged as a felony or a misdemeanor, and the prosecutor chose to charge your crime as a felony.
Felony Expungement – Non-wobblers
A felony can still be expunged if it is not a wobbler in some cases. If you were convicted of a felony that is not eligible for a misdemeanor reduction, you may still be able to expunge your record if your sentenced involved probation and you were sent to county jail. However, you may not be able to reduce your conviction to a misdemeanor before you get it expunged.
Can you Expunge a DUI in California?
Absolutely. If you have been convicted of a DUI, you can get a DUI expungement. Just like any other type of conviction, you must complete your probation or request to have probation terminated early and follow all court orders involving your conviction.
As of 2011, it is now possible to expunge an infraction from your record. You must follow all court orders involving your conviction including paying off all court fees and fines. However, this does not apply to any vehicle code violations, meaning you cannot expunge a speeding ticket, failure to stop at a stop sign, etc.
I am an expungement lawyer working all over Southern California including Orange County, Los Angeles, and the Inland Empire. I can help you expunge your record whether it is a misdemeanor or felony. Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626). For more information, visit www.OCLegalDefense.com.