Criminal records can haunt good people for the rest of their lives. It’s unfortunate that after you have paid your debt to society for even a single mistake, you endure penalties that may limit good employment, renting an apartment and participating in community organizations. Although the law is complicated and may involve and uphill battle, an experienced San Diego expungement attorney may be able to restore your clean record. At the Law Office of Jacob Austin, we will examine your criminal record, unique situation and petition the courts to get this weight off your shoulders.
How Does Expungement Work?
California allows people to have a misdemeanor or felony conviction removed from their record under certain circumstances. If you meet the following criteria, an experienced attorney may be able to have your record expunged.
- The charges were state and not federal.
- The sentence was less than state prison time. (County lockup does not prohibit expungement.)
- You have been off probation for more than one year.
- All criminal penalties have been satisfied, including fines, restitution, community service hours and rehab programs.
- You are not currently charged with a crime or incarcerated.
If you meet the criteria for expungement, we can petition the courts on your behalf. Government attorneys will be served notice about your motion. It’s not uncommon for prosecutors to make frivolous objections to you regaining a clean record and these will need to be addressed.
The court may require documentation regarding the conviction and post-conviction activities. These may entail proof of community service or completion of drug and alcohol rehabilitation programs after a DUI or drug offense. The heart of the court’s decision to expunge your record is about whether it is in the interest of justice or not.
The process generally takes 90 to 120 days to complete. If your petition is granted, you will re-enter your plea as “not guilty” in court. The case will be dismissed and a judge will set the conviction aside. The importance of a clean record cannot be understated. Criminal background checks are standard procedure with everything from college financial aid to coaching little league baseball.
Work With An Experienced San Diego Expungement Attorney
If you have paid your debt to society and are a law-abiding citizen, you deserve a second chance to be productive and enjoy the all fruits and privileges that are available. If you are ready for a fresh start, contact the Law Office of Jacob Austin for an expungement consultation.