IWV Legal proudly serves clients throughout Kern County on Criminal Defense cases.
Conviction does not have to mean the end; even after you have been convicted, you may be eligible to erase, or at least seal, that mark on your criminal record. At IWV Legal, we personally believe in our clients’ rights to a clean slate. We will take a look at your conviction and help you determine your eligibility for expungement to get rid of that mark on your record.
Not all offenses are eligible for expungement, but there are many that are. Reach out to our expungement attorneys at IWV Legal to discuss your needs and goals for expungement and how we can start building your petition with the court.
Contact IWV Legal today to get started on your expungement petition.
Misdemeanor and felony convictions not involving state prison are eligible for expungement, provided that the convicted individual:
- successfully completed all the terms and conditions of their probation (paid all their fines, completed counseling, performed the required community service, etc.); and
- are not currently charged with a criminal offense, on probation for a criminal offense, or serving a sentence for a criminal offense.
California specifies certain felonies that cannot be expunged in any situation, such as serious sex crimes involving minors.
What Does an Expungement Do?
An expungement effectively releases an individual from all the penalties arising from their conviction they seek to expunge. This means that, if the expungement is granted, the individual can proceed as if they were never convicted.
Some benefits of an expungement include:
- Not having to disclose to a potential employer that they have been convicted before
- Having a fair opportunity at obtaining a state professional license without the burden of a criminal record
- Having the right to be a witness in court without the expunged conviction marring their credibility
- Helping to avoid certain immigration consequences
However, there are also a few limitations on what an expungement can do. For instance, expungements in California will not overturn a driver’s license suspension tied to the conviction, restore gun rights that have been relinquished due to a criminal charge, or take back the requirement to register as a sex offender. Additionally, while expunged convictions will not be available to the public, they may still be considered by the court as prior convictions if the defendant faces future criminal charges.
To request an expungement, the defendant and their attorney can file a formal petition with the court. As a procedure in the expungement, the court may either have the defendant withdraw their guilty or no contest plea and enter a not-guilty plea or set aside the guilty verdict if they have been convicted after a not-guilty plea.
The expungement process might involve a hearing, depending on the case. Judges are typically likely to grant expungements to defendants who show they are able to find employment, have had no further convictions, and have completed their probation.
In the case that the petition is denied, the defendant may refile their petition after six months have passed.
Expungement is a favorable post-conviction relief option for individuals looking to move forward and reintegrate into society. Having a public mark on your criminal record can make it harder to apply for jobs and get back on your feet, especially when you are trying your best to restart. Our lawyers at IWV Legal understand the importance of an expungement on your future, and we will do our best to prove your case for expungement. You deserve to leave the past behind you as you rebuild your life post-conviction, and our firm is here to help you do that.
Schedule an initial consultation with IWV Legal to learn more about your expungement options. Let’s rewrite your future.