Am I Eligible For An Expungement? Has a Bad Situation Upended Your Life? Don't Face it Alone. 

Am I Eligible For An Expungement?

Clients often ask us whether they are eligible for an expungement, and how to have a past conviction expunged from their record.

Changes in the law and technology means that a background check is a reality for all sort of important situations, such as promotions, professional licenses, immigration, Global Entry and TSA precheck.

Expungement eligibility exists in the case of defendants convicted of most infractions, misdemeanors and felonies, assuming that:

• You have successfully completed probation for the offense, and

• You did serve time in state prison for the offense, or served time in state prison, but meet the exception under Prop 47.1.

Under Penal Code 1203.4, an expungement relieves you of most “all penalties and disabilities” arising out of the past conviction, including the important fact that this does not need to be disclosed to potential employers.

It is important to remember that a conviction cannot be expunged if you were sentenced to state prison UNLESS the crime is one for which you would now be sentenced to jail.

There are also certain criminal offenses in California that cannot be expunged, including serious sex offenses committed against children, such as

  • Penal Code 286(c)
  • Penal Code 288
  • Penal Code 288a (c)
  • Penal Code 261.5(d)

Generally speaking, you cannot have your case expunged if you violated your probation. However, there are exceptions:

The court can hold a special hearing to determine whether despite a probation violation, you are nonetheless a good candidate for expungement. In this case, the court would consider,

  • the totality of your performance while on probation,
  • the seriousness of the underlying conviction,
  • your total criminal history, and
  • any additional evidence that shows why you are deserving of an expungement, such as
    • the opportunity to obtain a good job,
    • the support of your family, and
    • strong community ties.

Why get an expungement?

We all make mistakes. The most necessary and important things in life are hard with a conviction–few employers will forgive a criminal conviction. Regardless of what you have accomplished in life since your conviction, it is very hard to get anyone to look past the conviction. To some people, it feels as if all that matters is that one silly mistake they made a long time ago. And yet, the fact of the matter is, you have a criminal record.

The good news is that California is a state that has a process for expunging certain infractions, misdemeanor and felony convictions. Beahm Law is the premier expungement law firm in the Bay Area, successfully expunging criminal convictions in all California counties.

If you are ready to put your past behind you, we are ready to help. Our firm can handle the entire expungement case for you, from filing to obtaining your proof of expungement from the court. Many of our clients have said that getting an expungement was the best investment that they have ever made and that it has paid off for them every day of their life.

Categories

Common Questions

  • National Geographic
  • Bar Association of San Francisco
  • Berkeley Law
  • Duke Law
  • Lawyerist
  • Lawyernomics
  • Cision
  • Best of SF Winner
  • The National Trial Lawyers
  • 2020 Northern California Rising Stars Super Lawyer Award
  • 2019 Northern California Rising Stars Super Lawyer Award
  • 2018 Northern California Rising Stars Super Lawyer Award
  • 2017 Northern California Rising Stars Super Lawyer Award
  • Elite Lawyer for 2020

Each Year, We Protect Hundreds of Clients' Futures

Explore Our Practice Areas & See How We Can Help You

More Than 150 5-Star Reviews

See What Our Clients Are Saying About Us
    Best DUI lawyers in Los Angeles.

    “I love Jason. He helped me figure out what to do in a difficult situation. He’s the best with a cherry on top. Seriously, these guys rock.”

    - Staci M.
    The best DUI attorney in San Francisco!

    “Jason has more trial experience than anyone I have ever met and has more experience than anybody in the courthouse and seems to know everyone there. My outcome was incredibly positive! I couldn't ask for a better attorney.”

    - Subhi B.
    Super impressed with Jason's team and wholeheartedly recommend his firm.

    “Very, very easy to work with, and a seamless experience on a routine traffic violation. All electronic, easy communication, and consistent updates during the process.”

    - Mike G.
    Definitely hire Jason.

    “All charges were dropped. And the process was simple. I didn’t have to file paperwork, go to the courthouse, or deal with anything. Jason and his staff managed the whole affair. I’m so grateful!”

    - Rebecca B.
    Best decision I have ever made!

    “Jason helped me with my case in a professional and proficient manner. I will definitely come to Jason in the future for any upcoming issues I may have.”

    - Sara P.
/

What Sets Us Apart?

  • Personal Representation

    You work directly with your attorney every step of the way.

  • Virtual Services

    We utilize technology so you don't need to come into the office and in most cases, court.

  • Connected to the Local Community

    We have built close professional relationships with local judges and district attorneys and are deeply involved in the community.

  • Quick Response

    We get great results, and we get them fast!

Has a Bad Situation Upended Your Life?

Don’t Face it Alone.
/

How Can We Help You?

You can contact us using this form day or night, 24 hours a day, 7 days a week, 365 days a year. You will hear back from one of our attorneys the same day or next day.
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.