Los Angeles Expungement Attorney 

Once you’ve been convicted of a crime, you may think that your record is permanently marred. Fortunately, that’s not the case. An experienced criminal defense lawyer can help you pursue the expungement of a criminal conviction. When a criminal charge is expunged, it makes it as though the conviction never even happened.

If you’re a first-time offender, you can start a case to have a criminal conviction expunged – this is essentially the process of re-opening and dismissing a crime, so it will not appear as a conviction on your public background check. 

Expunging your record can help you get your life back and be able to:

• Obtain a job
• Find housing
• Get into school
• Gain a professional license

Interested in pursuing an expungement? Contact us today at (877) 977-7750.

What is Criminal Record Expungement in California?

An expungement means a court seals or erases an arrest or conviction from your court record for most purposes. After the expungement process is complete, you are not legally required to disclose the incident under most circumstances.

How Does Expungement Work?

California criminal expungement petitions the Court to review your conviction. If an expungement is granted, you will be able to withdraw a plea or finding of guilt and enter a new “Not Guilty” plea. 

The case is then dismissed, with the conviction set aside. Once this has happened, you will still have a criminal conviction on your record, but you will not need to disclose it when applying for a job, housing, education, or professional licensing, and it cannot be used to deny any of these to you.

What is the Rehabilitation Period?

Getting a Certificate of Rehabilitation puts something positive on your record that carries additional benefits, such as making it easier to obtain professional licenses, removing some statutory prohibitions that may prevent you from getting hired by certain government institutions, such as schools, and it may relieve you of the duty to register as a sex offender.

In some cases, you may wish to seek a Certificate of Rehabilitation after getting your conviction expunged, and you can also apply for a Certificate of Rehabilitation even if your conviction has not been expunged. In these cases, you will need to wait for a set period of time after serving your sentence and parole.

This waiting period is called the “period of rehabilitation.” During this time you will show that you have made significant improvements in living as an upstanding citizen and avoiding trouble. 

Rehabilitation Periods for Persons Eighteen Years and Older

In general, the minimum period of rehabilitation is 7 years. Some convictions have longer periods. For example, most offenses that require registration as sex offenders have a waiting period of 10 years.

The period of rehabilitation begins the date you are released from custody. In some circumstances, a judge may consider an early request for a Certificate of Rehabilitation, but this is very unusual.

Rehabilitation of Offenders Under the Age of 18 Years Old

If the case is dismissed or expunged, the court will seal your records when you complete probation, which means that nobody can see them and you do not need to disclose anything. 

When you turn 38, this record will be permanently destroyed. As a result, a Certificate of Rehabilitation is not needed in this situation. 

In all other cases, the process and waiting periods are the same as for adults.

Why is it Important to Expunge a Criminal Record?

Expunging a conviction from your record means that you don’t have to disclose the conviction anymore, making it easier to get a job, find housing, and get into a school. When asked if you have a criminal conviction in interviews and applications, you can truthfully answer that you do not.

It also prevents employers, landlords, and educators, from discriminating against you on the basis of the conviction. An expunged conviction is still a public record until it has been sealed, meaning that an employer or potential employer may find it when conducting a background check. However, they are not allowed to ask you about an expunged conviction or make any decisions about you based on that information.

How to Get Your Record Expunged in Los Angeles

First, you must complete all the terms and conditions of your probation. You must also complete any required alcohol or substance abuse programs, and any anger management classes, and have paid all fines, fees, and restitution payments ordered by the court. If you were denied probation, you’ll have to wait a year after your conviction before applying.

The process starts by filing a Petition for Dismissal in the county where you were convicted. After this, you will get a hearing date where the judge will consider whether to grant your petition.

What Felonies Cannot be Expunged in California?

To work through the expungement process, you need a skilled and experienced criminal defense lawyer on your side. The process involves filing petitions with the California court that include details about the case and the reasons you are seeking expungement.

In order to have a misdemeanor or felony expunged in California, you must:

• Not be on probation. If you had a probation period, you must serve it fully before you may have a charge expunged.
• Not have served any time in state prison. If you’ve served any time in state prison, you are not able to have a charge expunged.
•  Not be facing another charge. You cannot have a charge expunged if you are currently facing another charge.
• Certain types of crimes cannot be expunged. These include crimes that required you to serve a sentence in state prison, certain serious vehicle code violations, and serious sex offenses committed against children.

How Manshoory Law Firm Can Help

If you’re ready to finally put that criminal conviction behind you for good, Los Angeles’s best criminal defense lawyers can help. We only do criminal defense, so you know that our focus is entirely on helping you with your case.

 Our expungement attorneys pride ourselves on our excellent communication with our clients. We are available for questions 24/7 and we will make sure you are aware of every step in your expungement process.

 If you’re ready for a brighter future, contact us for a free consultation today at (877) 977-7750.

Frequently Asked Questions

Who is Eligible for a Dismissal/Expungement?

You are eligible for expungement if you are:

• Not on probation. 
• Not serving (or have served) a custodial sentence.
• Not facing other charges.

Do I Need a Lawyer to File for a Dismissal/Expungement?

While you can file a petition without an attorney, an experienced expungement lawyer can improve your chances. Besides advising you with paperwork and how to present your argument, they can also bring a lot of personal experience in dealing with the judge and the court hearing process.

What is the Difference Between Expunged and Dismissed?

A dismissal shows that charges were brought but later dropped. Also, there will be a history of your arrest. After a dismissal, your case file and arrest record is still public record.

An expungement means that you were charged and convicted, but the conviction is not considered part of your criminal record. 

Do I have to Disclose an Expunged Conviction on an Employment Application?

No, and employers cannot ask you about an expunged conviction, even if they already know about it. Employers are not allowed to factor an expunged conviction into their decisions, and in most cases, their background checks will filter out expunged convictions.

Can I have my Criminal Conviction Expunged?

After 7 years, most criminal convictions can be expunged.

How Long Does An Expungement Case Take?

An expungement case usually takes between 8 and 12 weeks. 

How Many Criminal Convictions can I Expunge?

You can petition to expunge any number of convictions that meet the criteria if you are eligible for expungement.

How Much Does an Expungement Cost in California?

Including legal costs and court fees, an expungement can cost from around $800 to more than $2,000 depending on the case.