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To determine if your case is eligible for expungement, fill out this short, free and confidential eligibility evaluation right now. This evidence can include: missed job opportunities, career advancements, if you support your family, as well as any volunteer work or community ties you may have that indicate you are deserving of the relief. You will also have the opportunity to present evidence showing you deserve and/or need the expungement. While making that determination, the judge will most likely take into consideration: how serious the offense was, your criminal history (if you have other convictions on your record) and whether you complied with all the other terms of probation in a timely manner.
At the hearing, the judge hearing your case will have discretion on whether you should be granted the relief or not. If you had a probation violation, the court may schedule a hearing to decide whether to grant your expungement. Successful completion of the probation term with no violations may make the expungement process a bit easier, but we have had a lot success also expunging cases in which the defendant violated probation. What If I Violated the Terms of My Probation?Įven if you violated your probation, you are still able to petition to expunge the conviction in California. Moreover, if you went to state prison after 2011 for your felony offense you will not be eligible for an expungement, but you may be eligible for a Certificate of Rehabilitation.
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In addition, there are specific offenses that are not eligible to be expunged.Ĭalifornia law does not permit expungement for some offenses, such as certain serious sexual offenses against children, including PC 286(c) Sodomy with a Child, PC 288 Lewd Acts with a Child, 288a(c) Oral Copulation with a Child, PC 261.5 Statutory Rape when over 21 years of age with victim under the age of 16, and some child pornography offenses (PC sections 311.1, 311.2, 311.3, or 311.11). Another requirement is to make sure court-ordered fines have been paid. Also, you must not have any pending charges or be serving any other sentence at the time you file the expungement petition. To be eligible for a felony expungement in California you must have completed your sentence. Are You Eligible for a California Felony Record Expungement? If your conviction would have prevented you from holding public office, having it expunged and dismissed does not reinstate that right, and you unfortunately would still be prohibited. If your felony is expunged (and not reduced to a misdemeanor), you will still not be able to own or possess a gun and could still be charged with possessing a firearm as a felon. Your conviction may still be considered by the DMV in revoking or suspending your privilege to drive. There are also some other limitations and exclusions to expungement that you should be aware of. It is also important to note that in many instances we can reduce the felony to a misdemeanor and thereby restore firearm rights - at no extra charge.
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You must still disclose the conviction if asked on application or questionnaire for public office, getting a license from a local or state agency, and for contracting with the California State Lottery Commission.
Once your past felony criminal record is expunged, you can say truthfully that you were not convicted, except in three narrow circumstances. The resulting dismissal from this process is also called an expungement. The court will also then dismiss the information or accusations against the individual. If the petition is granted, the court will permit the individual to withdraw their plea of guilty or nolo contendere or if convicted the court will set aside the verdict of guilty.
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CA Felony Expungement LawĬalifornia Penal Code Sections 1203.4, 1203.41, and 1203.42 allow individuals who have completed their sentence for a felony offense to petition to have their case dismissed. Also we go beyond the process in the courtroom by offering you a service that clears your criminal record from over 600 background check companies. We offer award-winning service at reasonable prices. We are the leading expungement firm in California and across the country.
has helped expunge more than 1,000 felonies in California. If you have a felony record in California, you can count on us to get the maximum amount of relief allowed by the law. Tens of thousands of Californians are struggling with the effects of a felony record. The law is designed to help deserving people get a fresh start. Expungement in California is a legal procedure that takes a conviction off of the record by removing the finding of guilt and changing the disposition of the case from a conviction to a dismissal.
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