California Expungement Lawyer
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TIRED OF YOUR CRIMINAL PAST FOLLOWING YOU AROUND? AN EXPUNGEMENT ATTORNEY CAN HELP
If you have a criminal record, it can follow you around for the rest of your life, making it difficult to find a job, rent an apartment, or even get a loan. But there is hope. If you live in California, an experienced expungement attorney can help you clear your record to move on with your life.
An expungement is a legal process whereby a criminal conviction is set aside, and the record of the conviction is destroyed. In California, an expungement can only be granted if the following conditions are met:
- The defendant has completed their sentence, including any probation or parole;
- The defendant is not currently serving a sentence for any other crime;
- The defendant is not currently charged with any other crime; and
- The offense is eligible for expungement.
Some offenses are not eligible for expungement, including serious felonies such as murder and rape. However, many other types of offenses are eligible, including misdemeanors, some types of felonies, and even certain types of infractions.
Having a criminal conviction on your record can make it difficult to move forward with your life. Even after your debt to society has been paid, employers, landlords, and other individuals who run background checks on you will see your conviction and may view it with prejudice.
If you have a criminal record and would like to clear it, an experienced expungement attorney can help.
Fortunately…
…Patrick S. Aguirre may be able to help you clean up your record with an expungement. Attorney Aguirre is a zealous and knowledgeable lawyer who has helped many people in California clear their criminal records to move on with their lives.
WHAT IS AN EXPUNGEMENT?
An expungement makes your criminal conviction disappear from your record for most practical purposes. An expungement is sometimes called a “dismissal,” but this language can be confusing because an expungement does not dismiss or erase your conviction. An expungement will show that you have been convicted of a crime on your criminal record, but there will be a note that says the conviction has been dismissed.
An expungement is different from a pardon when the Governor or President forgives your crime. A pardon does not erase your conviction.
An expungement can be helpful if you are having trouble finding a job because of your criminal record. Some employers do background checks on job applicants, and if they see that you have been convicted of a crime, they may not hire you. An expungement can also help you get into college or professional school or get a professional license.
There are some situations where an expungement will not help you. For example, if you are applying for a job that requires a background check by the government (such as a job with the FBI), an expungement will not help you.
An expungement can be a complicated legal process, and you should speak with an attorney before you decide to try to get your conviction erased.
When asked if you were convicted for the expunged crime, you can honestly answer no, and most parties who run a background check will not be able to see it. However, the expunged crime will be visible to law enforcement and may be used as a prior if you are later convicted of another offense.
An expungement is a court-ordered process whereby a criminal conviction is sealed or erased. The record of the conviction is destroyed and the individual is allowed to legally deny that they were ever convicted of the crime.
To be eligible for an expungement, a waiting period must first be completed after you have served your sentence and paid any fines. The length of the waiting period varies by state but is typically one to five years. Once the waiting period has passed, you can file a petition for expungement with the court.
If your petition is granted, the court will issue an order directing law enforcement agencies to destroy all records of your arrest and conviction. The court may also order the expungement of certain types of collateral consequences resulting from your conviction, such as losing your driver’s license.
Once your records are expunged, you can lawfully deny that you were ever arrested or convicted of the crime, except in limited circumstances such as applying for a job with a law enforcement agency.
However, an expungement will not prevent law enforcement agencies from accessing your records for certain purposes, such as determining whether you are eligible to possess a firearm. Nor will an expungement relieve you of the obligation to register as a sex offender if your crime was a sex offense.
If you have been convicted of a crime, you should consult with an attorney to determine whether you are eligible for an expungement and, if so, how to go about seeking one.
WHO IS ELIGIBLE FOR EXPUNGEMENT?
The best way to determine if your specific conviction is eligible for expungement is to contact an experienced attorney such as Patrick S. Aguirre. Mr. Aguirre has helped many people with past criminal convictions get their records expunged to move on with their lives.
To see if you may be eligible for an expungement, contact the Law Offices of Patrick S. Aguirre. Our team has experience handling all types of criminal cases, including those that resulted in wrongful convictions. We will review your case and help you understand your options.
However, in general, most misdemeanor convictions and some felonies may be expunged provided that:
- You were not sentenced to state prison
- You have completed your sentence, including probation
- You are not currently facing prosecution or serving probation for any other offense
If you are interested in having your record expunged, you should contact an experienced attorney. Patrick S. Aguirre has helped many people with past criminal convictions get their records expunged. He can review your case and help you understand your options.
Assuming you are eligible, Attorney Aguirre will prepare the necessary documents, file them in the appropriate court, and appear with you or for you at your hearing to secure your expungement.
OTHER WAYS PATRICK S. AGUIRRE CAN HELP
Not sure you qualify for expungement? Don’t worry. Attorney Aguirre can help you explore other possible options for cleaning up your criminal record. These include:
- Motion to vacate a judgment. If you were convicted of a crime, you might be able to get the conviction removed (“vacated”) from your record if it can be proven that there was some legal defect in the proceedings against you. For example, if you were convicted based on false testimony or evidence that has since been proven to be false, you may have grounds to have the conviction removed.
- Sealing of records. In some cases, even if you are not eligible for an expungement, you may still be able to get your criminal records sealed. The records will not be available to the public, but they may still be available to law enforcement and other government agencies.
- Pardons. A pardon is formal forgiveness of a crime. To be eligible for a pardon, you must usually have been convicted of the crime and served your sentence. A pardon does not erase your criminal record, but it does show that the government has forgiven you.
- Certificates of rehabilitation and discharge. A certificate of rehabilitation is a document that shows that you have been rehabilitated after being convicted of a crime. You must usually have been convicted of a felony and served your sentence to be eligible. A certificate of discharge is similar to a certificate of rehabilitation, but it is given to people who have been convicted of certain misdemeanors.
For example, if the issue is that you are still serving probation, he can help you file a motion to get your probation terminated early. Or, if you have a non-qualifying felony on your record, he may be able to help you secure a certificate of rehabilitation or a Governor’s pardon instead of an expungement.
Attorney Aguirre can also assist with measures like sealing juvenile records, sealing arrest records, and de-registry from the sex offender list.
No matter what your particular situation is, Patrick S. Aguirre can help you determine if you are eligible for record expungement and, if so, guide you through the process from start to finish. If expungement is not an option in your case, he can help you explore other possible avenues for relief.
CALL NOW TO GET STARTED
If you would like to learn more about expungement and how it can help you, please call our office to speak with an attorney. We offer a free consultation to discuss your case and answer any questions you may have. Our attorneys are experienced in handling criminal cases, including expungement. We will carefully review your case and advise you on the best course of action. We help you clear your record and move on with your life. We help you explore other options for cleaning up your criminal record. Our knowledgeable and experienced staff can help you understand the process and what options are available to you. We offer a free consultation. Please contact the Law Offices of Patrick S. Aguirre at 800-572-1252.
Call 800-572-1252 to receive a Free Consultation today
Frequently Asked Questions
What is the process for obtaining an expungement?
First, you will need to consult with an experienced criminal defense attorney to see if you are eligible for an expungement. If you are eligible, the attorney will help you file a petition with the court. The court will review your petition and may grant your request if it finds that it is in the public interest to do so.
If the court grants your request, your criminal record will be sealed, and you will be able to truthfully say that you have never been convicted of a crime. However, there are some limitations on what you can do with your expunged record. For example, you cannot use it to get a job or housing.
You will still need to disclose your expunged record if you are applying for a job that requires a background check or if you are going to be working with children. Your record can still be used against you in future criminal proceedings.
If you are not eligible for an expungement, other options may be available to you, such as a pardon or clemency. You should consult with an attorney to see if you qualify for these options.
What is the process for obtaining an expungement?
First, you will need to consult with an experienced criminal defense attorney to see if you are eligible for an expungement. If you are eligible, the attorney will help you file a petition with the court. The court will review your petition and may grant your request if it finds that it is in the public interest to do so.
If the court grants your request, your criminal record will be sealed, and you will be able to truthfully say that you have never been convicted of a crime. However, there are some limitations on what you can do with your expunged record. For example, you cannot use it to get a job or housing.
You will still need to disclose your expunged record if you are applying for a job that requires a background check or if you are going to be working with children. Your record can still be used against you in future criminal proceedings.
If you are not eligible for an expungement, other options may be available to you, such as a pardon or clemency. You should consult with an attorney to see if you qualify for these options.
What is the cost of obtaining an expungement?
The cost of obtaining an expungement can vary depending on the state in which you reside. You will likely need to pay a filing fee and/or attorney’s fees. You may also need to pay for a background check in some states.
The process of getting an expungement can be complex and time-consuming. You will likely need to obtain court approval and submit a number of forms and documents. In some cases, you may even need to appear in court.
If you have been convicted of a crime, it is important to understand your rights and options. An expungement can provide you with a fresh start and allow you to move on with your life. However, the process can be complex and expensive. You should speak with an experienced attorney to learn whether an expungement is right for you.
Who is eligible for an expungement?
The eligibility for expungement varies from state to state. Generally, people who have been arrested but not convicted are eligible, as are those who have been convicted of a minor crime. In some states, people who have been convicted of a felony may also be eligible. Expungements are typically granted only if the person has demonstrated that they have reformed and are not likely to commit another crime.
To get an expungement, you will need to file a petition with the court. The petition must state why you believe you are eligible for an expungement and must be signed by you. You will also need to submit proof of your criminal history, such as a copy of your criminal record. The court will then review your petition and decide whether or not to grant the expungement.
If your expungement is granted, your criminal record will be sealed. This means that it will not be accessible to the public. However, there are some exceptions. For example, your record may still be accessible to law enforcement or government agencies. Additionally, if you are applying for a job that requires a background check, your criminal record may still be considered.
Expungements can be beneficial because they can allow you to move on with your life without the burden of a criminal record. However, it is important to remember that an expungement does not erase your criminal history. It simply makes it inaccessible to the public. If you are still convicted of a crime, your criminal record will still be accessible. Additionally, if you are required to disclose your criminal history on a job application, you will still need to do so.
If you are considering an expungement, it is important to speak with an attorney. An attorney can help you determine if you are eligible and can assist you in filing the necessary paperwork. Additionally, an attorney can help you understand the potential consequences of an expungement.
How long does the process take?
The process of applying for expungement can vary depending on the state. However, the process can take a few months to complete. The first step is to file a petition with the court. The petition must include the reason for seeking expungement and any relevant information about the case. Once the petition is filed, the court will set a hearing date. At the hearing, both the petitioner and the prosecutor will have an opportunity to present their arguments. If the court grants the expungement, the records will be sealed, and the public will no longer have access.
There are a few exceptions to expungement. For example, if the crime was a serious offense, such as murder or rape, it is unlikely that the court will grant the expungement. If the petitioner has been convicted of multiple crimes, the court may be less likely to grant the expungement. However, each case is different, and the decision will ultimately be up to the court.
If you seek expungement, it is important to consult with an experienced attorney. An attorney can help you navigate the process and ensure that your rights are protected.
What are the benefits of an expungement?
Standard benefits:
- Erase your criminal record
- Get a fresh start
Emotional benefits:
- Feel relief and joy after finally being pardoned
- Start living life without the weight of your past mistakes
New opportunities:
- Get hired for jobs you were previously ineligible for
- Be able to travel the world without worrying about your criminal record
There are many benefits to getting a pardon, both standard and emotional. Erasing your criminal record can give you a fresh start in life, and feeling relieved and joyful after finally being pardoned can help you start living life without the weight of your past mistakes. New opportunities may also open up to you, such as being able to get hired for jobs you were previously ineligible for or being able to travel the world without worrying about your criminal record. Whichever way you look at it, a pardon can be a life-changing event.
What are the risks of an expungement?
The risks of expungement can include the following:
- The individual may have trouble finding employment due to the criminal record being accessible to potential employers.
- The individual may be ineligible for certain government benefits.
- The individual may be ineligible for student loans or other forms of financial aid.
- The individual may be required to disclose the expunged offense if they are applying for a job in a field that involves background checks.
- The individual may be denied housing or other opportunities because of the criminal record.
Is there anything else I should know about expungement?
When an expungement is granted, the person’s criminal record is sealed and becomes unavailable to the public. Additionally, when a person’s record is expunged, they can legally state that the arrest or conviction never occurred.
However, there are some limitations to what an expungement can do. For example, an expungement will not:
- Remove your name from the sex offender registry
- Restore your right to own or possess a firearm if it was taken away because of the conviction
- Erase evidence of the arrest from law enforcement databases
- Prevent immigration authorities from using the conviction as a basis for deportation
- Stop employers from finding out about the conviction on a background check (although it may make it more difficult for them to do so)
An expungement can be a helpful tool if you have been convicted of a crime and struggle to find employment or housing. However, it’s important to understand the limitations of what an expungement can do before deciding whether it’s right for you.
