Having a criminal record can have serious long-term consequences. The Law Office of Gregory W. Fox can help you understand the expungement process and whether you qualify for post-conviction relief.
Expungement is the process in which prior convictions are removed from your criminal record or sealed from public view. Gregory W. Fox is an expert in the expungement process and has helped many clients remove past transgressions from their records so they can move forward with their personal and professional lives.
How can I get my record expunged?
Expungement of criminal records, also referred to as dismissal pursuant to Penal Code 1203.4, occurs after a criminal conviction and can include:
- DUI expungements
- Felony expungements
- Misdemeanor expungements
- Sealing juvenile and arrest records
- Early probation termination
- Withdrawal of guilty or no contest pleas
- Post-conviction relief? for immigrants
- Certificate of rehabilitation
If you have a criminal record you may be wondering how you can have your record expunged. The first step in the process is determining whether or not you are eligible for an expungement or record sealing. There are a few factors to consider:
- Convicted of a misdemeanor or felony offense
- Successfully completed probation
- Not currently charged with a criminal offense
- Not currently on probation for a criminal offense
- Not serving a sentence for a criminal offense
We realize that understanding the expungement process can be difficult. The rules are complex and can vary depending on the type of crime that you were arrested and convicted of. Working with an experienced expungement attorney gives you the best chance at successfully clearing your criminal record.
The benefits of expunging your criminal record
A successful expungement allows you to clear your criminal record by withdrawing your guilty or no contest plea. While the court will dismiss the case against you, an expungement will not change your jail or DMV record. However, you can legally state that you do not have a criminal record. Depending on the circumstances of your case, it may even be possible to clear your jail record.
A clean record is important and can have a significant impact on your ability to rent, attend college or graduate school, obtain gainful employment, a government job, financial aid, state licenses, and residency or U.S. citizenship. If you receive a criminal expungement you will be able to honestly and legally say that you have not been convicted of a crime. In most circumstances, you are also able to declare to potential employers that you do not have a criminal conviction.
Petition to Seal Record of Arrest
California law is always changing. In 2018 Penal Code section 851.91 was enacted. This new section allows an individual who suffered an arrest that did not result in a conviction to have his or her arrest record sealed. Having the record of arrest sealed is a huge benefit for an individual falsely arrested.
An individual is eligible to have their record sealed pursuant to Penal Code section 851.91 if any of the following are true:
- The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney has not filed an accusatory pleading based on the arrest.
- The prosecuting attorney filed an accusatory pleading, but, with respect to all charges, one or more of the following occurred:
- No conviction occurred, the charge has been dismissed, and the charge may not be refiled.
- No conviction occurred and the arrestee has been acquitted of the charges.
- A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
There are a number of circumstances where an individual may not be eligible for relief under this section.
The Petition to Seal the Record of Arrest is an involved process. In order to make sure it is done correctly so that the record of your arrest is sealed, you should contact an experienced Fresno or Madera criminal defense attorney. At the Law Office of Gregory W. Fox, we can assist you with the process.
Contact a Fresno expungement attorney
To discuss your options following criminal conviction with an experienced criminal defense attorney please contact the Law Offices of Gregory W. Fox at (559) 222-5800 for your free consultation. In most instances, appointments will be set for the same business day.