Criminal Records : Expungement
If you have been convicted of a misdemeanor, that conviction is going to remain on your record forever. It is not something that magically falls off of your record after a certain number of years. However, with the help of Lucy S. McAllister Criminal Law, there is something you can do about cleaning up your criminal record. Pursuant to California Penal Code section 1203.4, a misdemeanor conviction can be expunged once you have successfully complete all the terms of your probation. If you plead guilty or no contest to an offense but were granted a terminal disposition (i.e., were not placed on probation), your conviction can be expunged one year after the date you plead guilty or no contest. Although successful completion of probation is a requirement, the law provides courts the discretion to expunge convictions where probation was violated, but later completed successfully.
Once your criminal conviction has been expunged, you can legally answer “no” to direct questions of whether you were convicted of that crime. There are 3 exceptions to this general rule:
- In an application for peace officer or public office
- In an application for a state license
- Contracting with the California Lottery Commission
In all other cases, you can deny the conviction. Furthermore, certain licensing agencies like the Department of Real Estate require that you expunge your record as a criteria for licensing.
The Process of Obtaining a Criminal Record Expungement
The expungement process begins with the filing of a motion and petition with the same court in which the conviction to be expunged took place. The matter is then normally sent to the probation department for review. Probation then submits a report to the court and the matter is set for a hearing. Once the expungement is granted, the conviction is set-aside, a plea of not-guilty entered and the case is dismissed. The court then sends a copy of the order to the Department of Justice to update the individual’s criminal record.
The Law Offices of Lucy S. McAllister Criminal Law frequently handles misdemeanor expungements. We will draft the motion to expunge, prepare and file the petition, and appear at the hearing to argue on your behalf. You do not have to appear if the expungement is for a prior misdemeanor conviction. We can take care of everything for you. Expunging your record is a relatively uncomplicated process.
We have helped countless clients get their convictions expunged. As a result, we know how to optimize the chances of getting your motion granted by the judge. Moreover, we are very familiar with the courts where your motion will be argued. This further increases your odds of success.
For an initial confidential consultation, and for more information please e-mail us or call us at (877) 280-9944 – 24 hours a day.
Criminal Defense Attorney Lucy S. McAllister defends clients throughout the San Francisco Bay Area who have been accused, charged, or arrested for criminal offenses in Santa Clara County, San Benito County, San Mateo County, Monterey County, Alameda County, and San Francisco County. Clients come to us from throughout the San Francisco Bay Area, including communities such as Sunnyvale, Mountain View, Santa Clara, Campbell, Cupertino, Los Gatos, Saratoga, Palo Alto, San Mateo, Salinas, Monterey, San Benito, Hollister, San Juan Bautista, Santa Cruz, Watsonville, Gilroy, San Martin, and Morgan Hill, Redwood City, San Francisco, Oakland, Fremont, Newark, and Hayward.