Expungements – PC 1203.4

Many individuals with a less than stellar past often try to get on the straight and narrow path toward starting their lives over with a clean slate. However, a criminal record can greatly hinder that progress in a variety of ways. Criminal records are open to the public and any member of the general public can simply walk into the courthouse where your criminal proceedings were held and request to see your case file. You do not (and will not) have any way to stop someone from doing this; but you do have the option of expungement, if you meet certain qualifications. A knowledgeable Los Angeles criminal lawyer can further advise you with respect to your particular situation.

The expungement process cannot totally remove a criminal conviction, but it can provide you with some relief that may prove to be beneficial to you in the future. Specifically, expungement is the process of having a conviction against you dismissed, which requires three legal steps to be taken while attending a very short hearing. First, you must withdraw your plea of guilty (or, if you were found guilty at trial, the judge will set aside your guilty verdict). Second, you must enter a plea of not guilty. And third, the court will dismiss the accusations against you. While all of that may sound fabulous, you should keep in mind that your criminal case and any expungements you may have are still public record that can be found by anyone searching.

That being the case, many often wonder what the real advantage of expungement is in the grand scheme of things. Well, to start, a Los Angeles criminal lawyer can tell you that it will give you the ability and right to say that your conviction was dismissed. Dismissed does not mean erased (which is a typical misunderstanding of many) because your court file will still show everything that took place with respect to whatever crime you were found guilty of. Furthermore, saying that your conviction was dismissed does not mean you can say that you were never convicted.  This is a crucial distinction, particularly when attempting to qualify for a job.

An expungement will also provide a number of other forms of relief that may or may not be important to you. For instance, certain convictions may deny you your right to vote; however, an expungement can restore those rights. But always keep in mind that an expungement cannot offer some of the forms of relief that you might want. For example, it will not get rid of your duty to register as a sex offender, nor will it reinstate your right to own or posses a gun or other firearm. If you need a skilled Los Angeles criminal lawyer, please call The Law Offices of Daniel V. Cota at (800) 351-6860 for a free consultation.