Cleaning Record Expungement
Los Angeles Record Expungement Lawyer California Penal Code 1203.4
Without a doubt, having a criminal record can be quite embarrassing and it can cause major problems for you with your employment and in your personal life. Luckily, as any West Covina criminal lawyer can tell you, the state of California offers its citizens many ways to petition the courts to seal, dismiss, or do away with a person’s arrest record or criminal conviction.
Sealing Your Arrest Record if You Were Not Convicted
Specifically, if you were arrested, but you were not convicted of a crime, you can ask the court to seal and destroy your arrest record, or you can have your attorney ask the court to declare you innocent as a matter of fact, which will also allow the court to seal and destroy your arrest record. If you are able to accomplish this, it will allow you to honestly inform potential employers, licensing boards, and other interested parties that you have never been arrested.
Getting Your Conviction Dismissed if You Were Convicted
Further, a West Covina criminal lawyer will also tell you that if you were convicted of a misdemeanor or felony, but you never did any time in state prison, you are eligible to have your conviction dismissed. However: (1) you must have finished any probation and paid all restitution, plus you cannot be facing any new charges or be finishing up probation for any other charges; or (2) if you were never subject to probation, it must have been at least one year since your sentence. You should note that the only crimes that will not be dismissed are certain sex offense convictions and a small number of Vehicle Code violations.
A West Covina criminal lawyer can ask the court to have your record altered to show a dismissal instead of a conviction, which will allow you to honestly say that you’ve never been convicted of a crime. But keep in mind that such a dismissal will not shield you in all instances.
Getting a Certificate of Rehabilitation
If you served prison time or if you were convicted of certain sex crimes, you might be eligible to receive a certificate of rehabilitation. The certificate is a document from the court that states that you’ve been rehabilitated. If it is awarded, it will be taken into account with respect to state licensing decisions, plus it will relieve certain sex offenders from their obligation to register whenever they relocate, and it automatically acts as a petition to the governor for a pardon. To receive a certificate of rehabilitation, you must have lived in the state of California for three to five years prior to applying, and you must have a clean record for a substantial period after your release (typically seven years).
If you would like to find out more about cleaning your criminal record, contact knowledgeable West Covina criminal lawyer, Daniel Cota. Mr. Cota will meet with you to review your situation and fully advise you of your options. Please call (800) 351-6860 to arrange for a free consultation.