Expungement is the legal process whereby an offender charged with a criminal offense seeks to have his or her criminal record sealed, thus making the criminal record unavailable to the public. Expungement is commonly known as the legal process used to obtain a “clean slate.”
In most cases, a person can petition to have a conviction dismissed – or expunged – if he or she was convicted of a felony or misdemeanor, was not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitations, and completed all terms and conditions of any sentence. During the expungement the Court will withdraw a guilty or no contest plea and enter a not guilty plea. If the Court enters a not guilty plea, this means that the person is no longer convicted of the offense for most purposes. Therefore, to the public the person’s criminal record will show a dismissal of the offense rather than a conviction. It is important for the person to find out whether he or she is eligible to have his or her conviction dismissed. Some convictions are not eligible for this process.
A dismissal of a conviction has practical benefits. For instance, under most circumstances, a private employer cannot ask for a person to disclose offenses that were expunged.
A person sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation is not eligible for dismissal of conviction under this expungement process. However, this person may be eligible to obtain a Certificate of Rehabilitation and Pardon.
A conviction on your record can affect your future in many ways including job prospects, success in civil matters, and even your relationships. If you want to clean up your record you should call the expert criminal defense attorneys at Boxer McLaughlin, APC. When you call us, we will quickly evaluate your circumstances and advise you on how to proceed.
Your future is important. You cannot afford to wait. Call Boxer McLaughlin now at (949) 261-2700 to discuss whether an expungement can help you.