How Do I Obtain Expungement?
If you seek to erase a prior conviction from your criminal record, expungement is a worthwhile option to consider for post-conviction relief. Particularly as you might risk future job opportunities and even your immigration status, a cleared criminal record will grant you the second chance you deserve.
How a Los Angeles Expungement Attorney Can Help
You may obtain an expungement by filing the application(a) in person, (b) by an attorney, or (c) by a probation officer authorized in writing. After reviewing your application, the court may either permit you to: (a) withdraw your guilty plea and enter a plea of not guilty, or (b) set aside your guilty verdict if you have been convicted after a plea of not guilty.
Note that with the recent legalization of recreational marijuana, the California Department of Justice will both review and seal all past marijuana convictions that are no longer considered crimes.
Expungement is available to defendants convicted of either California misdemeanors or felonies provided that:
- The defendant has successfully completed probation for the offense, and
- The defendant either:
- Did not serve time in state prison for the offense, or
- Served time in state prison but would have served it in the county jail had the crime been committed after implementation of “Realignment” under Proposition 47.
Why Obtain Expungement?
There are many benefits to obtaining a California expungement. To name a few, with an expunged record:
- You are not required to disclose your conviction when applying for a private-sector job;
- An employer may not discriminate against a job applicant based on expunged convictions;
- Avoid certain consequences on your immigration status, such as deportation and travel-related issues (i.e. enrolling in TSA pre-check or global entry).
It typically takes about 4-5 months to complete the expungement of a felony in California. It will be helpful to have an experienced defense attorney by your side as you file for the expungement and navigate the legal proceedings in and out of the courtroom. Your past should not hold back your future, and our team will work efficiently and aggressively to defend your case.