San Diego Expungement Lawyer
If you have been convicted of a crime in San Diego County your conviction will show up on your criminal record any time someone, such as a future employer, runs a background check on you. Your criminal record may also prevent you from being able to work on government contracts or on military bases. Your conviction could prevent you from obtaining or keeping security clearance, a state license, a promotion, a firearm or many other things. One way to improve your record is to have your convictions expunged. Any crime for which you were not sentenced to state prison can be expunged.
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What is an expungement?
Per Penal Code 1203.4, an expungement is a motion filed with the court where you are asking the judge to either set aside the guilty verdict against you (if you were convicted after trial) or allow you to withdraw your guilty plea (if you were convicted after pleading guilty). Once that is done, the judge will dismiss the case against you.
Beware that the term “expungement” is actually a misnomer. The entry on your record showing the conviction does not actually come off your record. It will stay on there for the rest of your life. There is no law that actually allows you to have the conviction stripped from your record. Instead, when the judge dismisses the case against you, a second entry will be placed on your record showing that the case against you was dismissed per Penal Code § 1203.4. The entry of the dismissal will appear underneath the entry showing the conviction.
How can I find out if I have a conviction on my record?
To find out whether or not you have a conviction showing on your criminal record, you can be Live Scanned. There is a link to a list of Live Scan locations on our Resources page.
Who can have their convictions expunged?
Any conviction that did not result in sentence to state prison can be expunged, including felonies, misdemeanors, and infractions.
What do I have to do to qualify for an expungement?
To qualify for an expungement you must not currently be on probation, have a pending criminal matter, or be serving sentence for any other crime. If you are currently on probation for any criminal case, you may be able to file a motion with the court to request that the judge terminate your probation early. If the judge grants your motion, you may then request the expungement.
Is there anything else I should do before getting my record expunged?
If the conviction you want expunged is a felony, you must find out whether the crime was a wobbler at the time of conviction. A wobbler is a crime that can be charged either as a felony or a misdemeanor. If it was a wobbler, you should file a motion with the court asking the judge to reduce the felony to a misdemeanor per Penal Code § 17(b). You may still file the 17(b) motion after an expungement, but it is usually wiser to file both motions together.
What are the benefits of getting my conviction expunged?
Once your conviction is expunged, you may legally answer “no” if an employer asks if you have ever been convicted of a crime. Per the California Code of Regulations, an employer may not ask you about a misdemeanor conviction that has been expunged. Per California Labor Code 432.7(a), no employer may ask you to disclose information about a criminal case that has been expunged. That is a new law as of 2013. This means you should absolutely get your conviction expunged before applying for a job!
There are three situations where you must disclose your conviction even after it has been expunged: 1) when you apply for a state or local license, 2) when you apply for public office, and 3) when contracting with the California State Lottery.
Can an attorney help me get an expungement?
An experienced San Diego expungement attorney can help you get the process done quickly and easily. There have been multiple occasions where we have been in court and witnessed individuals without lawyers try to get an expungement in court. Unfortunately, they did not know the process well enough and their requests for expungement were denied. In each situation, the person had a problem with the paperwor and did not follow the required procedures. Had they simply retained an attorney to do it, they would have saved time and effort, and would have had their expungement completed promptly.
Help us win your case by completing 8 homework assignments. To speak with El Cajon expungement attorney Tate R. Lounsbery today about your case, call 619-792-1451. Or send us an email. We will respond quickly.