The Truth About Cleaning Your Record (through Expungement)
What is an Expungement?
An expungement is a process in which you "erase" your criminal record. Most criminal convictions are public record, which means that anyone can search your record. The following information relates to misdemeanor cases only. Felonies are a bit more complicated.
In California, you can't erase a case completely, but if you get an expungement, you can honestly tell a job that you have no criminal conviction. This means you don't have to disclose your conviction.
When you apply for an expungement, you do it under Penal Code 1203.4 or 1203.4a.
In California, when you apply for an expungement your case is reopened, the guilty plea is withdrawn, and the charges get dismissed "in the interest of Justice."
Do I Qualify for an Expungement?
That depends! For a misdemeanor, you have to have complied with what the Court sentenced you. This means that you have to be done with probation, and finished all your classes and payments. Usually, it's best to wait 1 year after your sentence to apply for an expungement.
You cannot currently be on probation, and you shouldn't have any pending cases. An expungement will most likely get denied in that case.
What About for Immigration?
Typically, expungements do not work for immigration purposes - with the limited exception of (1) drug convictions prior to July 15, 2011(*this only applies to the 9th Circuit*); and (2) for applications for Deferred Action for Childhood Arrivals.
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Los Angeles, California 90022
Email: noreen@barcenalaw.com
Website: www.attorneyb.com
NOTE: Noreen L. Barcena does not make guarantees by posting on this blog. This blog is merely for informational purposes and she advises that you should seek legal advise IN PERSON. Noreen L. Barcena practices law solely in the State of California and does not have opinions or guarantees about other state laws. Ms. Noreen L. Barcena is merely making suggestions and opinions. You should never plan to commit any illegal acts.
