Los Angeles Expungement Attorney
What is California Expungement, CA Penal Code 1203.4 ?
Expungement is the process of having a criminal conviction dismissed by a court. The perks of expunging a conviction include greater employment opportunities and peace of mind. Once you have successfully expunged a conviction you can legally say that you have not been convicted of a crime.
How Do I Expunge a Conviction?
The process of expunging a conviction can be technical and intimidating, because of this, it’s a good idea to utilize an expungement attorney with experience in this field. In short, when expunging a conviction, your guilty plea (or no contest plea) is withdrawn and a not guilty plea replaces it. The court then dismisses the case and notes this on your criminal record. If the conviction was a felony there is an additional step in filing a 17(b) motion that reduces a felony charge to a misdemeanor. This process can only take place after:
- You’ve successfully completed your probation term without any infractions
- You’ve paid in full all fines, fees, and restitutions
What Types of Crimes are Not Eligible for Expungement?
California does not grant expungement for some sexual related crimes or any crime that sentenced someone to state prison. The sexual related crimes include, but are not limited to:
- Penal Code 286(c) – Sodomy with a child
- Penal Code 288 – Lewd acts with a child
- Penal Code 261.5(d) – Statutory rape
It is also important to note that expungement will not:
- Repeal a driver’s license suspension or revocation
- Reinstate a person’s guns rights
- Exempt a person from registering as a sex offender
- Erase a strike in accordance to California’s Three Strikes Law
- Overrule a priorable offense sentencing
- A priorable sentence is one that increases with each subsequent conviction, in other words, the sentencing for a person’s second conviction of a DUI will be more severe than the sentencing for a person’s first conviction.
Expungement is a great opportunity for anyone who is looking to have a conviction dismissed and have peace of mind. But don’t forget that expunging a conviction does not erase a person’s criminal record, it only shows that a guilty plea has been replaced with a not guilty plea and that the court dismissed the case. For more information you can contact Los Angeles expungement attorney Seppi Esfandi.
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