A criminal charge in California comes with a range of undesirable effects.<\/p>\n\n\n\n
Besides doing time, paying court fines, and meeting up with all the daunting legal demands, an arrest, charge, or sentence can ruin one\u2019s reputation for life.<\/p>\n\n\n\n
Criminal charges leave a stigma that may negatively affect your access to loans, housing, employment, scholarships and the like.<\/p>\n\n\n\n
Thankfully, California state laws allow persons with a criminal history to \u2018erase\u2019 their record and start all over on a \u2018clean slate.\u2019<\/p>\n\n\n\n
The process of getting such dents off one\u2019s record is referred to as expungement<\/a>.<\/p>\n\n\n\n
In California, expungement refers to a legal process that erases or reduces the effect of certain crimes.<\/p>\n\n\n\n
Penal Code 1203.4 PC offers offenders an opportunity to expunge their criminal records after paying their debts in full to society. The payment can be in the form of sentence completion, satisfaction of probation terms, completion of community service, restitution to victim, or\/and payment of applicable court fines and charges.<\/p>\n\n\n\n
If the court grants an expungement petition, the sentence or guilt plea is set aside, and the case dismissed.<\/p>\n\n\n\n
In essence, an expungement primarily removes all restrictions and penalties incurred by a court sentence.<\/p>\n\n\n\n
However, while other state laws allow the complete destruction of arrest, charges, trial, and conviction records, it is slightly different in California.<\/p>\n\n\n\n
In CA, records are only reopened and modified to show that the case has been set aside \u201cin the interest of justice.\u201d In fact, in California, this legal process is called a \u2018Dismissal<\/em>\u2019 not an \u2018expungement<\/em>\u2019 per se.<\/p>\n\n\n
After a successful record expungement, you no longer have to talk about your criminal past during a private-sector job application. Indeed this new development will provide access to a stream of employment opportunities and an avenue to grow your career, just like everyone without an offense on their background check report.<\/p>\n\n\n\n
Typically, persons with criminal records in California can dismiss their records if they meet these criteria:<\/p>\n\n\n\n
That said, here are basic conditions that could ruin your chances of getting your records dismissed:<\/p>\n\n\n\n
All applicants who meet these eligibility requirements must as well ensure all court-ordered dues and fines are fully paid.<\/p>\n\n\n\n
Also, applicant must have spent up to one year after arrest, before dismissal request.<\/p>\n\n\n
While you may want to handle the expungement steps on your own, the services of an experienced attorney will help ease the process and increase your chances of getting an approved petition.<\/p>\n\n\n\n
However, if you insist on a DIY California expunge felony, then, first, obtain your criminal record copy from a superior court.<\/p>\n\n\n\n
Ensure you complete all probation terms \u2013 If you have any pending. Also, probation must be completed before requesting for expungement.<\/p>\n\n\n\n
However, the court makes provision for early probation termination. You can apply to the court for early termination. If termination is granted, pay up your fees, fines, and restitution, and you’re good to apply for record expungement.<\/p>\n\n\n
Only crimes that can be charged for a misdemeanor are expunge-able. Such misdemeanor offenses are referred as \u201cwobblers.\u201d<\/p>\n\n\n\n
Check your sentencing to find out if the charges qualify as \u2018wobblers.\u2019 To determine your status, wobbler charges come with a state prison time or not more than a one-year county jail time.<\/p>\n\n\n\n
To clear off such convictions, first, submit a petition to the court for a reduction in the charges.<\/p>\n\n\n\n
You will have to proof your rehabilitation claims and relate how much you have accepted responsibility for your actions and reintegrate into society. If convincing enough, you will most likely get an expungement.<\/p>\n\n\n\n
Expungement of felony conviction usually come in different forms \u2013 depending on the particular type of sentencing.<\/p>\n\n\n\n
Persons sentenced to jail\/county time, and probation, will submit two petitions:<\/strong><\/p>\n\n\n\n
Secondly, you will file the PC 1203.4<\/a> petition for a misdemeanor dismissal.<\/p>\n\n\n\n
Filing costs for filing an expungement petition vary across counties. The forms are to be submitted to the county wherein the sentence was passed.<\/p>\n\n\n\n
However, court filing fees across California range from between $120 to $150. Cities like Anaheim may require additional fees.<\/p>\n\n\n\n
Indigent applicants may however request a fee waiver<\/a>.<\/p>\n\n\n
What shows up on your background check is dependent on the type of check run. If a prospective employer runs a standard check, an expunged record will not reflect on your report.<\/p>\n\n\n\n
If a prospective employer asks for fingerprints and a report from the California Department of Justice, your background check report may indicate an expunged case. However, the report will clearly state that the case has been dismissed without any conviction.<\/p>\n\n\n
Wobbler is a term used to describe a crime which the judge has the discretion to sentence as a misdemeanor or a felony. To determine a wobbler charge, you need to know the exact crime \u2013in the penal code \u2013 that states your conviction.<\/p>\n\n\n
Not really. However, it depends on your lawyer. Some attorneys may, however, demand the presence of their client in court. Showing up in court shows your willingness to erase your case.<\/p>\n\n\n\n
That said, in some special conditions, a judge may demand a defendant\u2019s physical presence in court.<\/p>\n\n\n
A typical expungement process in California takes around two to four months. The time-frame is largely dependent on the court, case, client and surrounding circumstances and on whether there are any objections. Cases with probation<\/a>, reductions, and violations typically take longer.<\/p>\n\n\n
Probably. After a successful conviction, the case can be brought up in future if a related or more severe conviction shows up in future.<\/p>\n\n\n
The court issues an expungement order to all concerned authorities to update their database. The court itself updates their records in 48 hours. Although the Department of Justice promises to make updates in 30 days, in most cases, it happens sooner.<\/p>\n\n\n
While you can successfully dismiss an offense from your criminal history, an expungement attorney will help simplify the entire process.<\/p>\n\n\n\n
Indeed, expunging a felony can be somewhat complex. It is important to follow the processes religiously.<\/p>\n\n\n\n
The technicality of the process can be a lot tricky for the initiated, but a cakewalk for an expungement expert.<\/p>\n","protected":false},"excerpt":{"rendered":"
A criminal charge in California comes with a range of undesirable effects. Besides doing time, paying court fines, and meeting up with all the daunting legal demands, an arrest, charge, or sentence can ruin one\u2019s reputation for life. Criminal charges leave a stigma that may negatively affect your access to loans, housing, employment, scholarships and … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":1100,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"yoast_head":"\n