San Luis Obispo Expungement Attorney- We Clean Criminal Records
Many individuals who are convicted of crimes in California find out that even after their sentence is completed, they are limited in their ability to get jobs, obtain professional licenses, and pass background checks as a result of their criminal record. Many employers in the San Luis Obispo area require background checks prior to offering a job to a prospective employee. This can be a problem if you have a criminal record. The good news is that San Luis Obispo County residents, who have criminal records, can now get their records cleaned quickly and inexpensively.
California Penal Code Section 1203.4 provides a mechanism whereby individuals once convicted of crimes, can have their criminal convictions retroactively dismissed. This law is intended to provide relief such that the defendant is “released from all penalties and disabilities resulting from the offense.” Section 1203.4 was designed to give individuals once charged with crimes in California, a Fresh Start. If you have ever been convicted of a crime, and you have not yet had the conviction expunged, you should call us immediately to have the case expunged or dismissed. The time is NOW to put past mistakes behind you, once and for all, and to get a fresh start.
How Does One Have Their Criminal Record Expunged?
According to California Penal Code Section 1203.4 (Penal Code § 1203.4) One who has completed all the terms of probation, and is no longer on probation, is eligible for a dismissal of their case pursuant to Penal Code Section 1203.4. If a misdemeanor or infraction conviction occurred but no sentence of probation was ordered, then an individual is eligible for an expungement following one year of living honorably after the date of conviction.
A skilled Criminal Attorney can file the required petition with the court to seek an expungement. Following the filing of the expungement petition a court hearing will be ordered in which the criminal defense attorney can go and argue on behalf of their client that it is in the interest of justice to grant the individual a retroactive dismissal pursuant to section 1203.4 of the penal code.
What if I am Still on Probation? Can I Petition the Court for an Expungement?
Expungements under penal code section 1203.4 are only available to those who are not on probation. However, if you need an expungement and you are still on probation a petition for early termination of probation can be filed. If the judge grants early termination of probation, then you are eligible for an expungement.
Can DUI Cases Be Expunged?
DUI cases can be expunged and should be expunged for the purposes of background checks etc. Penal code section 1203.4 applies to DUI cases just like any other case subject to the limitations described (such as completing probation). However, expunging a DUI does not remove it from your record for the purposes of sentencing on a subsequent DUI case. As an example, if you were convicted of a DUI in 2009, you completed probation and had the case expunged from your record, then in 2014 you were convicted of another DUI, then the 2009 DUI would still make the 2014 DUI a “second DUI” within 10 years for the purposes of sentencing on the new DUI case.
Can Felony Convictions be Expunged?
The answer to this question is, “Yes, Sometimes convictions can be dismissed or expunged.” California Penal Code section 1203.4 provides for the dismissal of some convictions. Penal Code section 17b provides a way for certain felonies to be reduced to misdemeanors retroactively. Therefore, if the felony conviction can first be reduced to a misdemeanor, then it is likely eligible for dismissal through the expungement process. An experienced expungement attorney knows how to do this. Call us today and we will be happy to petition the court to have your felony conviction reduced, then dismissed.
If you were convicted of a felony and went to state prison and were subsequently placed on parole, then you are likely ineligible for the legal relief described above.
We know that for many people, one of the primary reasons to request an expungement is to gain employment. We know that many people who need expungements are out of work. We make expungements affordable. Very few attorneys, even criminal defense attorneys, are familiar with expungement work, and the ones who do, often charge way too much. Don’t let money get in the way of a Fresh Start. Call Us Today.
What Are My Options for Cleaning My Criminal Record?
You have a few different options when it comes to cleaning your criminal record:
1. Expungement under Penal Code Section 1203.4
2. Felonies can be reduced to misdemeanors under section 17B
3. Probation can be terminated early through a motion for early termination of probation.
4. If you went to state prison, an certificate of rehabilitation may be a good option.
5. If you were arrested, but not convicted, you may be able to have your arrest record sealed.
6. Under the new California Proposition 47 certain felonies may be changed to misdemeanors, even if you do not qualify for expungement relief under Penal code section 1203.4.
There is no substitute for consulting with an experienced San Luis Obispo expungement attorney. Every case is unique and there are many nuances to the California laws relating to clearing your past criminal record. Please call us and we will discuss your case with you in-depth and help you identify the most advantageous course given your circumstances. Call us today at (805) 621-7181