Do I Qualify for an Expungement in California?
Everyone makes mistakes, but some mistakes can stay with you for the rest of your life, tarnishing your reputation and limiting your career options. If you’ve been convicted of certain offenses, you may qualify for expungement in Southern California. This gives you a chance at a fresh start, and while it does involve some paperwork and hard work, it can completely give you a new lease on life. Wondering if your case qualifies and how expungement could help you? Let’s talk. Call the Law Offices of Robin D. Perry & Associates at 562-216-2944 to set up a consultation with our team of expungement lawyers in Long Beach now.
One major change to this process in California was passed into law in 2022. Senate Bill 731 allowed a much greater variety of convictions to be purged via expungement. Furthermore, this bill went one step further by requiring that certain convictions over four years old automatically be sealed from public view. By passing this law, legislators hope to give millions Californians a chance to rebuild their future.
Eligibility Criteria for Expungement
California has some of the most generous expungement laws in the nation, especially with the passage of Senate Bill 731. Most people who have been convicted of misdemeanors or felonies and who have completed their probation can have their records expunged. However, you may not qualify for expungement if you served time in state prison or were convicted of certain sex crimes.
What if you never completed probation or violated the terms of your probation? If you were not placed on probation at all, you may still petition the court to have your conviction dismissed after an appropriate amount of time has passed. Even if you violated the terms of your probation, expungement may be an option for you—this situation is a little more complex, and it’s important to discuss your options with an expungement attorney. The court has a lot of discretion in this area, and they may consider your overall behavior while on probation, your other criminal history, the severity of your conviction, and any signs of reformation since your conviction.
Limitations to Expungement
While expungement can be granted in a wide range of situations in California, there are limitations. First, many sex crimes are excluded from expungement in this state. Furthermore, if your expungement—or, as it’s labeled in California, “records relief”—is granted, it isn’t truly as if the crime never happened at all. The state justice department retains these records, and if you are arrested again, that conviction may contribute to stiffer penalties for subsequent convictions. Additionally, an expungement doesn’t restore your right to possess a firearm, and you will still need to disclose your conviction if you run for public office or apply for a law enforcement job.
Additionally, qualifying for an expungement doesn’t mean it will definitely be granted. Everything is up to the judge’s discretion, which is why it’s so important to put forth your best effort when requesting an expungement.
Requesting an Expungement
The process of requesting an expungement is fairly straightforward. Once you begin working with our criminal defense team, we will help you work through the necessary expungement forms for your specific situation. The forms required depend on the circumstances of your conviction. If you have multiple convictions, you will need to fill out separate forms for each conviction.
Upon completing your paperwork, you can submit it to the court and begin preparing for your expungement hearing. Your expungement attorney will inform you of the progress of your application and assist you in preparing for the hearing. Some factors that may tilt the odds in your favor include having a stable job, a history of community service, and no additional convictions since the conviction for which you are requesting an expungement.
Benefits of Getting Your Conviction Expunged
If your expungement is granted, it can open many new doors for you. You may be able to explore new career paths or advance in your current career. You may also have the freedom to volunteer at your children’s school, find a place to live more easily, and secure a state professional license for a new career path.
Explore Your Legal Options With the Law Offices of Robin D. Perry & Associates
When you’re ready to explore your post-conviction options, our team of expungement lawyers in Long Beach at the Law Offices of Robin D. Perry & Associates is here to help. Let’s sit down and talk more about your next steps. Call us at 562-216-2944 or send us a message online to schedule your consultation.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
