Expungements

A criminal record may prevent you from securing employment in certain civilian jobs. When a conviction is expunged, California law prevents an employer from discriminating against you on the basis of your expunged convictions. Having a conviction expunged means that the finding of guilt is set aside, a plea of not guilty is entered and the action is dismissed. The implication of this is that for purposes of civilian employment, and according to the language of Penal Code section 1203.4, you may answer in an interview or job application that you were not convicted of the crime expunged. An expungement may also benefit those seeking a professional license or attempting to avoid removal or deportation in an immigration court.

In order to qualify, you must have satisfactorily served your sentence or complied with the terms of your probation. In many cases, it is possible to terminate your probation early in order to achieve this.

An expungement will not restore your right to own a firearm or relief from Penal Code section 290 which requires registration for sex offender’s, however, in some circumstances a governor’s pardon or certificate of rehabilitation may be available to achieve this.

Juvenile convictions, or “sustained petitions” are not automatically sealed upon completion of a custodial term or completion of probation unless the sentencing court granted deferred entry of judgment. In all other cases, you must seek relief of the court to seal juvenile records. If you were not convicted of a “crime of moral turpitude” including those listed in Welfare and Institutions Code section 707(b), and meet certain other requirements, you may be eligible to have your juvenile records sealed and destroyed.

Certain adults are also eligible to have their arrest records sealed and destroyed if they meet the very restrictive criteria of there being no finding of guilt. In other words, you were arrested but never charged, the prosecutor or court dismissed the case, or a jury acquitted you.

If you believe you would benefit from any of the above remedies you should contact the Terrell Firm immediately for a free consultation. The Terrell Defense Firm is among the most competitive in terms of cost. A routine expungement is now being offered for $400 + the filing fee of $60.

The information contained on this website represents opinion only and is not intended to, nor should be relied on as legal advice of any kind. Should you wish to consult with an attorney, contact an attorney at the Law Office of Jesse Terrell at (323) 638-4712.
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