Vista Criminal Defense Attorney

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Pictures of attorneys Nicholas W. Christoph and William R. Christoph

Nicholas W.
Christoph

William R.
Christoph

Criminal Defense Experience - 40+ Years

How Does An Expungement Help Clean My Record?

An expungement  dismissal of a criminal case per California Penal Code 1203.4 can greatly assist in cleaning up your record.   Additionally, effective January 1, 2014.  California Labor Code 432.7 makes it a crime for an employer to ask about a criminal record if it has been expunged.   With limited exceptions, an expunged offense may not be considered for hiring, firing or promotion in California.  To be eligible for an expungement dismissal, you must have been convicted of a crime and received probation and completed probation or wait one year after conviction without probation.    An individual can also request an early termination of probation if there is a good reason and you are still on probation.   Many felonies may also be able to be reduced  to misdemeanors  and be expunged at the same time  so you will no longer be a convicted felon.

Most misdemeanors and felonies are eligible for expungement.  It allows the guilty plea to be withdrawn, a not guilty plea entered and the case dismissed for most purposes.  It does not seal your record but the conviction may not show up on employment background checks and shows PC 1203.4 dismissal if it does.  The conviction, even though expunged, can still be used for DMV suspensions, to enhance a future offense, and does not reinstate gun rights if there is a firearm prohibition per PC 29800 or PC 29900.  Also, an expungement does not relieve any sex offense from the registration requirement.   The conviction may be required to be disclosed for certain government employment and licensing..

The expungement motion. motion for early probation termination or reduction of a felony to a misdemeanor takes generally 4 to 8 weeks from the filing of the papers to the hearing.  The District Attorney is served the motion and files a response.   Located across from Vista Courts for nearly 40 years, Christoph Law Offices have been successfully handling expungements, reductions and early terminations.  To clean your record up,  call 760-941-5720 for a free consultation.

 

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