Expungement Lawyer in Lancaster
Serving Clients in Quartz Hill, Palmdale & the Surrounding Areas with Proven Results
Having a permanent criminal record can be a detriment to your future. With a routine background check, the discovery of your criminal record may cause denials for opportunities by an employer, landlord, professional licensing agency, or for educational assistance.
Clearing your record through an expungement can rectify this disadvantage because, once your conviction has been expunged, you are not obligated to disclose it and it will not be accessible to the public.
The laws and requirements for a California expungement are complex and have specific requirements. To determine your eligibility based on your particular case, consult with our Lancaster expungement lawyer at Law Office of Jesse P. Duran.
If you qualify for an expungement, we can take the necessary legal steps to move your case forward through the courts. We offer one-on-one direct help with our qualified attorney throughout the legal process.
What Does Expungement Mean in California?
In California, expungement refers to the process of legally erasing your criminal conviction from your record under Penal Code section 1203.4. This means that, in many respects, your conviction is treated as if it never happened. You're no longer required to disclose it on in-state job offers, and it generally won't show up in background checks performed by private employers.
However, navigating the complexities of expungement law can be challenging without professional assistance. This is where the expertise of an expungement attorney comes in. They understand the intricacies of California's expungement laws, know how to navigate the legal system, and can guide you through each step of the process. An expungement attorney can review your case, determine if you're eligible for expungement, and if so, complete and file the necessary paperwork, represent you in court, and help you clear your record, offering you a fresh start.
The California Expungement Law
Expungements in California are covered under Penal Code 1203.4 PC and are referred to as “dismissals.” They help to eliminate the negative consequences of having a criminal record. While California employers cannot legally request information about a criminal conviction when you apply for a job, they can do so after you are offered employment.
If your record has been expunged, however, you are free from disclosure at such a juncture. An expungement also makes you eligible for professional licenses or inclusion in certain professional groups.
Those who are not eligible for expungement include:
- Anyone currently charged with a crime
- Anyone who is currently on probation for a crime
- Anyone serving a sentence for a crime
- Anyone convicted of specific sex crimes involving minors
Expungements can apply to those convicted of both misdemeanors and felonies. For example, if you were convicted, sentenced to probation, and completed all of your probation requirements, you may be eligible.
Others who may be eligible are those who:
- Were convicted and sentenced to county jail
- Were convicted for simple marijuana possession prior to the current legalization of marijuana
- Completed diversion programs
Because every case is different and the laws complicated in this matter, you need to talk to our Lancaster expungement lawyer about the specifics of your conviction to determine your legal options.
Does Expungement Restore Gun Rights in California?
An expungement or record sealing will NOT restore your firearm rights. You will need to wait the 10-years even if you have your conviction expunged or sealed. The only way this can be lifted is if you get a court order from a judge.
Your Expungement Case before the California Courts
Even if you qualify for an expungement, California courts have wide discretion in deciding whether your case is deserving of it. Many factors can have an influence on this decision, such as the severity of the crime for which you were convicted, your criminal history, and how you conducted yourself while on probation.
Throughout the process of seeking an expungement, you can count on our firm to strongly advocate on your behalf and do everything legally possible to secure a favorable outcome.