Moreno Valley Expungement Lawyer

For individuals in the Riverside County area who want to clear their criminal record – whether for immigration/citizenship purposes, avoiding deportation, or having more options when applying to school or jobs – a Moreno Valley expungement lawyer is ready to help you reach your goals and represent your case. By working with a records attorney, you’re not simply expunging crimes from your past; you’re making a smart decision regarding your future.

At the law firm of Brown & Stedman LLP, our qualified criminal defense team represents clients who were accused of various illegal activities, such as domestic violence, DUIs, serious traffic violations, white collar crimes, homicide, and drug offenses. Our professional attorneys also assist clients already convicted of one or more crimes with clearing their records in addition to handling all types of civil law cases and immigration-related matters.

What Does It Mean to Expunge Your Criminal Record?

If you are charged with and eventually found guilty of a crime, you have been convicted of that offense. All convictions you acquire are added to a permanent criminal record, which is viewable by the inquiring public. Expunging or clearing a conviction from your record is the official removal of the fact you were found guilty of a specific crime. Expungement is only achievable by the court granting it after a defendant has filed for it and successfully argued for their case.

The court will clear a criminal conviction from an individual’s record if the petitioner for expungement is determined to be eligible and the circumstances appear appropriate for it. Expungement in California, in legal terms, can be described as removing the defendant’s admission of guilt or plea of no contest from the case in question and replacing it with a not-guilty plea, effectively dismissing the case and clearing the conviction from the record.

Getting your record expunged is never required or something a person must do. It is elective. However, many people feel compelled to have a conviction expunged from their criminal record because it bars them from certain opportunities or qualifications. It’s also not uncommon for someone to simply want a conviction removed due to stigma or because having a criminal record can potentially worsen your situation if faced with future accusations, threats of deportation, etc.

Can Anyone Get Their Record Expunged in CA?

Not everyone may be able to get a crime removed from their record, and some crimes aren’t eligible for expungement even if the defendant otherwise qualifies. Each state has its own requirements for expungement. California’s criteria for someone to petition for the expunging of a prior conviction from their criminal record are as follows:

• Must have finished probation and fulfilled any related requirements or other penalties for the crime they wish to expunge. If the individual was not given probation or wasn’t incarcerated, one year since their conviction must have passed before they can petition.For example, if you’re on probation for two years, you don’t qualify for expungement until that period has passed. All other sentenced conditions must also be satisfied first, such as fine payment or finishing a rehabilitation program.
• Must not currently be, even for unrelated violations, incarcerated, have pending charges or an open case/on trial, or be on probation. The defendant also is not eligible to petition for expungement if they have made a previous attempt for the same offense in the past six months.If there was a violation in probation (including incompletion) for the offense at hand, it can be difficult to expunge but not impossible. Your lawyer can likely arrange a special hearing wherein you can explain the probation violation and make a case for the exception in petitioning that the original crime should be expunged.
• Only defendants who did not serve their sentence at a state prison for the offense in question may qualify. It is possible to file for an expungement if the person served their sentence at a state prison and the crime falls under California’s Proposition 47’s realignment statute, which means they would have otherwise been sent to county jail instead for the specific offense.

The majority of nonviolent offenses, misdemeanors and other relatively minor crimes are usually sentenced to county jail if incarceration is warranted, meaning most felony violations– especially violent crimes –aren’t typically eligible for expungement in California. The passing of Prop. 47 meant some crimes, such as nonviolent drug violations, were reassigned designations of severity and appropriate penalties.

Marijuana offenses can be expunged if they pre-date California’s official decriminalization of medical cannabis and recreational use. If a case included multiple crimes in addition to a marijuana violation, only the marijuana-related charge may qualify. The other charges may remain or be eligible as well, depending on the circumstances. If you are unsure whether your situation qualifies, a qualified record expungement attorney can assess your case and tell you.

Some convictions can be more difficult to expunge than others. For example, it’s often particularly challenging to clear a DUI conviction from a person’s record. Additionally, not all crimes are eligible for expungement, such as any felony convictions concerning sexual crimes against children. Even if you cannot get a conviction removed, it can still be worth it to remove another from your record to improve your options, especially crimes from several years ago.

How Long Does the Expungement Process Take in California?

Expungement can sometimes take several months, depending on your circumstances. Ideally, a simple case can be completed within a month to a few months. Removing a conviction can be a lengthy process with an extensive amount of paperwork in order to properly submit a petition for the court’s consideration.

Your petition must include any important information regarding the case for which you want the conviction expunged, a clear indication of which offense(s) you seek to remove, and any documents that support this information. Once you have officially submitted the necessary paperwork, it’s at the court’s discretion whether the conviction at hand is eligible for expungement.

If the offense is deemed as having the potential for dismissal, a hearing will be scheduled and your case for expungement will be presented to the court. The judge will consider several factors when evaluating a petition for expungement as they weigh their decision, such as:

• The nature of the crime. Sometimes, even offenses that are technically eligible may be determined as needing to remain accessible on public record in the interest and safety of the public.
• The petitioner’s conduct after the conviction they aim to expunge. If the petitioner completed their probation and/or other obligations without any issues, this is generally viewed favorably and may positively influence their case.
• Whether the defendant committed other unlawful acts since the conviction in question.
• The person’s motivation(s) for requesting the expungement. The judge will likely inquire if there is something specific you want the conviction removed for, such as immigration/naturalization, applying for a new job or pursuing a professional license, trying to get into college, planning to find new housing, restoring gun rights or eliminate something that requires them to register as a sex offender, etc.
• The compelling facts of the petitioner’s case that establish their good character and rehabilitation. E.g., testimonies of their character from relatives, friends, neighbors, co-workers, employers, or spiritual leaders, any evidence that the conviction resulted from poor judgment, was a one-time mistake, or proof that you’re now committed to public safety and serving the community.

Is Expungement of Your Record Worth It in California?

Although obtaining expungement can be a lengthy process with no guarantee of approval on the first attempt, there are many immediate benefits a person can enjoy if approved. The primary upside is that the conviction is removed from your permanent record, no longer having the potential to inhibit your personal endeavors and life prospects. The expunged record will no longer have a bearing on the majority of any background checks on you.

If you are currently amidst the immigration process and you or a family member is not yet a naturalized citizen, clearing a conviction can also be beneficial in reaching your goal. Many criminal offenses permanently disqualify persons trying to obtain citizenship, but any records that have been expunged do not and thus have no bearing on your eligibility.

Am I Required to Hire an Expungement Lawyer?

It is possible to enter the expungement process on your own, meaning it is not required by law to hire a lawyer to help you. However, your case is far less likely to garner a positive outcome without an expungement attorney. It may also be more difficult to navigate the complex legal procedures by yourself, resulting in the endeavor taking even longer than is already necessary. Your lawyer’s job is to help you make your petition attempt as strong and effective as possible.

An attorney educated in expungement and record laws can offer you insights and skills from their extensive experience in assisting other people with their cases, including complex ones. A legal professional can carefully evaluate your criminal record and the particular conviction you wish to expunge, advising you on whether you currently qualify, if the offense can be expunged, and, if so, help you accomplish those goals.

Your expungement lawyer will guide you through the legal process, including creating the petition for expungement itself. The petition document is arguably the most important component of your expungement case and can be lengthy, detailed, and overwhelming. It can be very helpful to have a lawyer in Moreno Valley, California to help you manage this daunting undertaking by informing you what documents to collect and fill out, of which there are usually many.

Your attorney will assist you in compiling evidence that will support your petition, already knowing what proof the court is most likely to find convincing. They might also speak on your behalf at the expungement hearing or help you in testifying your belief that the conviction dismissal is lawful, deserved, and acceptable. Whether your petition is approved or denied, an attorney will counsel you through the next steps, what to expect, and what the implications are.

Will My Expunged Record Show Up on a Background Check in California?

Unless expunged, a conviction remains on your record indefinitely in California. Once a conviction is removed, it will not show up on most background checks since it’s considered unethical for background check agencies to report court records that have been purposefully erased by a judge’s ruling. If the conviction is still reported somehow, it’s against state law for employers to discriminate against job applicants due to an expunged criminal record.

While your criminal record is clear, the charges or some details may still exist on your arrest record, which is a separate file accessible to law enforcement. Even dismissed charges can remain on an arrest record, and to eliminate these, a separate process called “seal and destroy” is typically required. Additionally, any online information regarding your arrest or conviction, such as news articles, will not be removed.

How Much Does It Cost to Have Your Record Expunged in California?

The cost of filing for expungement will vary since lawyers charge differently– some request a flat fee, and others charge hourly– and depending on their experience or any additional training/certifications they have, how complex your case is (e.g., the specific offense, whether probation was violated), and other factors. Many law firms offer payment plans to their clients.

Attorney fees tend to increase when the conviction in question is especially serious or difficult to earn expungement for. Expunging an infraction or misdemeanor is likely to cost less than a DUI conviction or other felonies, particularly those that are potentially applicable to Prop. 47 or Proposition 64 regarding the decriminalization and reassignment of marijuana charges. Along with varying legal costs, there are court filing and processing fees.

Our Criminal Defense Firm Can Help Expunge Your Conviction

Skilled and experienced attorneys at Brown & Stedman LLP can review your criminal record and evaluate your circumstances to find out if you have a good chance of expunging a crime from your public record. Contact our law firm today to schedule a consultation.