California Expungement Penal Code 1203.4

Here is what you need to know about expunging your criminal record under California Penal Code 1203.4 expungement code.

An expungement in the state of California basically causes an update in your record of conviction.  Whereas before an expungement your record would reflect that you suffered a specific criminal conviction, an expungement will show that your plea of guilty has now been withdrawn, that a plea of “not guilty” has now been entered and the case has now been dismissed. An expungement will also show that a verdict of guilty that was reached during a jury trial has now been set aside.

Many people think that once they have had their criminal conviction(s) expunged that no one will ever find out that they ever had a criminal conviction. This, unfortunately, is not accurate. If you apply for a job and a potential employer does a background check on you, it is still possible to see that at some point you had a criminal conviction. However, the person doing the background check will also see right underneath your conviction that your conviction was successfully expunged and that the case was dismissed. And that is what is most important!

When your case has been expunged, you may now truthfully answer “no” to a potential employer who asks you whether you have had any criminal convictions. There is one exception to this and that is for state licensing boards. When applying for a state license or for public office, you MUST disclose that you suffered a criminal conviction. This is so even in the event that you successfully had your conviction expunged. Whether or not a specific licensing board then decides to hold a past conviction against you, will depend on each individual situation and each individual licensing board. Certainly, if your criminal conviction was expunged you are already in a better position than if it were not expunged.

One limitation of a California expungement is that it will not help you in the event that your rights to own, use or possess a firearm have been lost after certain misdemeanor convictions and felony convictions. If you suffered a prohibition for owning firearms, an expungement will not help you regain these rights.

Another limitation of a California expungement is that if you have been ordered to register as a sex offender under Penal Code 290 in California for a specific sex crime conviction, an expungement will not relieve you of your duty to register. There are other possibilities for relief, however, including the possibility of a certificate of rehabilitation and a governor’s pardon.

One of the most notable reasons for getting an expungement relates to immigration issues. There are certain circumstances, under which the process for applying for an expungement can help certain convictions with immigration consequences. If, as part of the expungement process a felony conviction is reduced to a misdemeanor conviction, you may still be able to receive immigration benefits, such as a green card.  However, if you stand to be deported or are not allowed admissibility into the United States because of a criminal conviction, getting an expungement may not necessarily help your situation.

Los Angeles Attorneys have a combined experience of 50 years of successfully filing expungements.  Because of the frequent crossover issues between immigration law and criminal law, we work closely with an immigration attorney to study and analyze each particular case in order to get the best possible outcome for each or our expungement clients.

Please call (818) 536-9606 today to speak with one of our highly experienced expungement attorneys today!