Record Expungement and Record Sealing in San Diego
Technology has brought about a lot of wonderful new innovations and technology that make our lives so much simpler. However, one innovation that is not so welcome is the digitization of criminal records. In the past, it was rare that an employer would go through the hassle of tracking down your criminal record. Now, all they have to do is look online and they can find everything they need to know in minutes. If your crime happened a long time ago and you are now a completely different person, wouldn’t it be great to get your record wiped clean? You are in luck because a talented attorney can completely expunge your record, removing past crimes. To schedule a free consultation, give us a call at (619) 330-5881.
Why Should I Expunge My Record?
If you are looking for a job, your criminal record can come back to bite you. All things even, if one candidate has a record and the other does not, a company is likely going to go with the candidate with a clean record. It does not matter if the incident occurred 20 days ago or 20 years ago, having a criminal record hurts your chance of employment. This is unfair and irritating, but unfortunately that is usually the way the world works. A record expungement allows you to hit the reset button on your criminal record, increasing your chance of finding a good job and living a happy life. A record expungement can also help you get your driver’s license back, immigrate to a new country, or get a new professional license.
What is a Record Expungement?
A record expungement is a procedure in which an attorney submits an appeal to the court to either have a prior case dismissed or to withdraw a guilty plea. Once your record is expunged of all charges, you are free from all penalties and have a clean record. The key to getting your record expunged is completing your probation and avoiding criminal charges or jail time with your initial offense.
How Do I Complete My Probation?
In order to successfully complete your probation, you must complete a few steps. Below are the steps necessary to complete probation.
1. Complete the Terms of Your Probation
Every individual has different terms to their probation, including the length of the probationary period and other checkpoints along the way. You are required to complete the entire terms of your probation to be eligible for expungement in most cases.
2. Attend All Mandatory Court Appearances
You will have court orders to appear a few times during your probation. You must attend all of these court orders to be able to complete your probation and be eligible for expungement.
3. You Must Not Commit Any New Crime During Probation
If you commit a crime or have a new offense during your probationary period, you are likely not going to be eligible for expungement.
We Can Help You Learn How to Expunge a California Criminal Record
The California expungement process begins with reviewing the details of your criminal record. Specifically, you must determine what you were convicted of and the exact nature of the penalties imposed. Conviction for certain crimes and serving time in state prison makes you ineligible for felonious record expungement in California. Also, depending on your circumstances, there may be additional steps involved in expunging your record. The process is complex, and there are numerous technicalities. An expungement lawyer can explain the process to you and help determine what steps will be required to expunge your record.
In California, you are entitled to expungement of your criminal record if you have successfully completed probation and are not currently charged with a crime. If you are still on probation, you cannot have your criminal record expunged. However, you may be able to receive an early termination of probation. A lawyer can advocate for you in court and work to convince the judge to expedite your expungement.
The court looks at several factors when determining if you successfully completed probation. First, whether you completed all the terms of probation, including payment of all fines and fees. Second, whether you attended all required court appearances. Finally, the court will consider whether you committed any crimes during probation. If you did not successfully complete probation, the court may still expunge your record, but it is difficult because you need to convince the judge to grant the expungement. It is extremely helpful to have a lawyer advocate for you in the hearing. You will be more successful in having your record expunged if you have an experienced lawyer present your case and fight for your justice. Contact attorney Elliott N. Kanter today.
Seek Representation to Discuss Your Expungement Options
How do you know if you are eligible to expunge your records? Here are some of the different expungement options that may be available to you if you were convicted of a:
- Misdemeanor and Are Still on Probation: You may be able to request early release from probation and file a petition to have the conviction dismissed.
- Misdemeanor and Have Successfully Completed Probation: You may be able to file a petition to have the conviction dismissed.
- Misdemeanor or Infraction and Were Never Given Any Probation at All: You may be able to file a petition to have the conviction dismissed.
- Felony and Are Still on Probation: You may be able to request early release from probation and file a petition to have the conviction reduced to a misdemeanor and dismissed.
- Felony and Are Done with Probation and/or Jail Time: You may be able to file a petition to have the conviction reduced and dismissed.
- Felony and Were Never Given Any Probation at All and Were Sentenced to County Jail: You may be able to file a petition to have the felony reduced to a misdemeanor and file a petition to have the conviction dismissed.
- Felony and Were Sentenced to State Prison or Put Under the Authority of the Department of Corrections and Rehabilitation: You may be able to file a petition for a certificate of rehabilitation and pardon.
If you would like to discuss your expungement options in more detail, contact lawyer Elliott N. Kanter as soon as possible. Call today or fill out our online form to schedule a free consultation. Remember, the longer a criminal conviction stays on your record, the more harm it can do to your personal and professional life, holding you back from employment and other opportunities, which is why it’s so important to have it taken care of right away if expungement is available to you.
Contact a Record Expungement Lawyer in San Diego Today
If you have a pesky charge in your background that is making your life difficult, you should contact a lawyer about expunging your record. At The Law Offices of Elliott Kanter in San Diego, we have attorneys who specialize in record expungement, giving you a fresh start on life. If you are interested in learning more or would like to schedule a free consultation to see if you qualify for a record expungement, contact us today by calling (619) 330-5881.