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Expungement Archives

Expungements and Criminal Record Clean Up in Vista Courts

Expungements and criminal record clean up are important to your future.  In Vista Courts and throughout California, there are legal proceedures available to help clean up your criminal record.  These include expungements, reduction of felonies to misdemeanors, dismissals and reductions per prop 64, reductions per prop 47, and certificates of rehabilitation.  All of these things can greatly assist you in cleaning up your criminal record and in being more successful in the future.

An Expungement in Vista Courts

An Expungement in Vista Courts is available to help clean up you record.  Most misdemeanors and many felonies are able to be dismissed for most purposes after conviction provided you meet the criteria of California Penal Code (PC) 1203.4 and 1203.4a.  This is a valuable remedy that should be taken advantage of by anyone if the conviction will in any way hinder their future.

Expungements Can Help Clean Up Your Record for Employment

Expungements in California refer to California Penal Code 1203.4 et seq. and can help clean up your record in many ways, including employment.  An expungement in California is the withdrawal of a guilty plea and dismissal of the case for most purposes per California Penal Code 1203.4 et al.  It is available on infractions, most misdemeanors and many felony convictions where there was no prison commit.  The motion to expunge is filed, served on the D.A. and a Court hearing date can usually be set in 4-6 weeks in Vista Courts.

How does an Expungement dismissal clean my record?

An Expungement dismissal in California is a way to clean your record for most cases where you received probation and did not get a prison commit.  There are a few types of charges which may not be expunged, however, most misdemeanors and felonies may be expunged.  An expungement is a request to the Court to set aside your conviction, withdraw your guilty plea, enter a "not guilty" and dismiss the case.  You cannot seal an adult record, but the database will indicate the charge was dismissed per California Penal Code (PC) 1203.4 or 1203.4(a), and it should not show up on most criminal background checks. Your DMV printout will still continue show any Vehicle Code violation but indicatedismissed per 1203.4. You can also expunge infractions.

Does an Expungement really clean up my criminal record?

An Expungement per California Penal Code (PC) 1203.4 really does clean up your record.  It allows you to withdraw your guilty plea and dismiss your case and the record will indicate case dismissed per PC 1203.4.  It also cannot be considered in most instances, if it is expunged, for employment purposes including hiring, promotion or termination per California Labor Code section 432.7.  Additionally, you cannot be asked to disclose an expunged offense nor can employer seek information concerning the conviction from any source.

How do Expungements and Certificates of Rehabilitation differ?

Expungements and Certificates of Rehabilitation in California differ in eligibility and what they avieve in cleaning up your criminal record.  You are eligible for an expungement on a most misdemeanors or felonies so long as you did not get a state prison commitment, that means that your sentence included probation on a felony with no more than county jail, or any sentence on a misdemeanor or infraction, with or without probation.  Certificates of Rehabilitation help clean up felony cases where an individual went to state prison and they can also can delete some misdemeanor P.C. 290 sex offense registration requirements.

Can an Expungement of a crime be used to deny employment?

An expungement of a criminal case in Vista Courts and throughout California, prevents an employer from using it in nearly every situation.  Effective this year, 1/1/2014, California Labor Code 432.7 states "no employer shall ask an applicant for employment to disclose" information concerning a case dismissed, diverted, sealed or expunged.  An employer cannot try to find information about those cases and cannot use those cases as a factor for hiring, promotion or termination.  An employer can ask about cases an applicant has pending.  There are some exceptions for use of expunged offenses for government agencies employing peace officers.

Does an Expungement really help clean up my record?

An expungement does help and can definitely make a difference in your future.  The expungement per California Penal Code 1203.4 and 1203.4(a) allows you to withdraw your guilty plea or set aside your conviction, enter a not guilty and have the case dismissed for most purposes.  The new laws taking effect in 2014 add even more strength to its value.  Those laws make it illegal for employers, other than certain governmental exceptions, to ask about, deny employment or inquire as to a prior record if it has been expunged.  You are relieved from most of the disabilities of the conviction.

Expungement Now Has More Power in California

An expungement of a criminal offense in California results in a dismissal which can greatly increase your employability especially because of a new law taking effect January 1, 2014.  This law makes it a crime for an employer to ask about a criminal record if it has been expunged.  If you have been convicted of a crime and received probation, you must complete probation to be eligible for an expungement or request early termination of probation.   If there was no probation, you must wait a year after conviction to be eligible.  With felonies, you may also be able to reduce those to misdemeanors at the same time, then you will no longer be a convicted felony and have the charge dismissed.

Expungement for Misdemeanors and Felonies in Vista Courts

    Expungement is available for most North County felonies in Vista Courts unless you received a prison sentence, and for nearly all misdemeanors.  There are a few misdemeanors and felonies that cannot be expunged under any circumstance including some sex related felonies.  Felony records where there was a prison sentence can be improved with a Certificate of Rehabilitation or Pardon.  Many felonies where probation was granted, can be reduced to misdemeanors after probation and expunged at the same time. This reduction to a misdemeanor alone is extremely valuable, as you would no longer have a felony record and may be allowed to possess firearms depending on the charges reduced. If there is a good reason to terminate your probation early, we can also file for early termination and expungement.

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