A criminal record can weigh heavily on your life, affecting everything from employment opportunities to personal relationships. You may feel like your past mistakes define your future, but it doesn't have to be this way. If you're considering expungement in California, a criminal defense lawyer with experience handling expungements can be your advocate.
The Law Offices of Evan E. Zelig in Santa Rosa can handle the challenges you face and are here to help you navigate clearing your criminal record. Expungement offers a chance to wipe the slate clean, giving you a fresh start and the ability to move forward without the constant shadow of a criminal conviction.
The path to expungement is not always straightforward. California's legal system has specific eligibility requirements and procedures that must be followed, and understanding these can be overwhelming. Let us help you determine if you're eligible for expungement and learn how Santa Rosa expungement attorney at our law firm can assist you in reclaiming control over your life.
What Is Expungement?
Expungement is a legal process that allows individuals to clear their criminal records, effectively removing the conviction from public view. In California, expungement means that the court reopens your case, withdraws your guilty plea or finding, and dismisses the charges.
While the record of the case itself is not erased, it is marked as dismissed, which can significantly impact how potential employers, landlords, and others view your past. For many, the benefits of expungement are life-changing.
Am I Eligible for Expungement in California?
Eligibility for expungement in California depends on several factors, including the nature of your offense, whether you have completed probation, and your current legal standing. California law distinguishes between misdemeanor and felony convictions, with different criteria applying to each.
Eligibility for Misdemeanor Expungement
If you have been convicted of a misdemeanor, you may be eligible for expungement if you meet the following criteria:
- Completion of Probation: You must have successfully completed your probationary period. If you are currently on probation, you may need to request an early termination of probation from the court before applying for expungement. If you were not placed on probation, you must wait at least one year from your conviction before filing for expungement.
- No Current Sentencing: You cannot be on probation or parole, serving a jail or prison sentence, or facing any other criminal penalties at the time you request expungement.
- No New Criminal Charges: You must not have any new criminal charges or convictions since the misdemeanor offense you seek to expunge.
- Compliance with Court Orders: You must have fulfilled all court-ordered obligations, such as paying fines, completing community service, or attending counseling or rehabilitation programs.
Meeting these criteria is essential to pursuing expungement for a misdemeanor.
Eligibility for Felony Expungement
The eligibility requirements for those with felony convictions are similar to those for misdemeanors but with additional considerations. Specifically, you must have completed probation, remained crime-free since your conviction, and be free from any new charges.
The steps you need to take to expunge a felony record depend on the specifics of your case:
- Probation or County Jail Sentence: If you were sentenced to probation or time in county jail for a felony, you could petition the court to have your case dismissed. If your felony was a "wobbler" (an offense that could be charged as either a misdemeanor or felony), you might also request to have the charge reduced to a misdemeanor before seeking dismissal.
- County Jail with Mandatory Supervision: If your sentence included county jail time with mandatory supervision, you must wait at least one year after your conviction to petition for expungement. Without mandatory supervision, the waiting period extends to two years.
- State Prison Sentence: If you were sentenced to state prison, you might be eligible for expungement only if the offense is now punishable by a county jail sentence due to changes in the law.
Felony expungement can be complex, and the process may vary depending on your circumstances. Consulting with an attorney like Evan E. Zelig can provide clarity and ensure that you take the correct steps to pursue expungement.
Exceptions and Disqualifications for Expungement
While expungement offers a path to a clean slate for many, it is not available in all situations. Exceptions and disqualifications determine whether you are eligible.
Disqualification Due to State Prison Sentences
If you were sentenced to state prison for your conviction and the law has not changed to allow for a county jail sentence instead, you are not eligible for expungement under California law. This exception primarily affects those convicted of more severe offenses.
Disqualification Due to Serious Crimes
Certain serious offenses, particularly violent or sexual crimes, are not eligible for expungement. These include, but are not limited to, offenses such as:
- Rape
- Lewd acts with a child
- Sexual battery
If you were convicted of one of these serious crimes, expungement is not an option. However, other forms of relief may be available, depending on your circumstances.
Navigating these exceptions can be challenging, especially if you are unsure about your eligibility.
The Expungement Process in California: Step by Step
If you meet the eligibility requirements, the next step is to begin the expungement process. This process involves several key steps, each of which is essential to achieving a successful outcome.
Step 1: Consultation with an Attorney
The first and most important step in the expungement process is to consult a qualified criminal defense attorney. An attorney can assess your situation, determine your eligibility, and guide you through the process. This consultation is invaluable, as it ensures that you understand your rights and responsibilities.
Evan E. Zelig can provide the legal knowledge and skill needed to navigate the complexities of expungement. With years of experience in criminal defense, he is well-equipped to help you pursue the best possible outcome.
Step 2: Gather Necessary Information
Before filing for expungement, you'll need to gather detailed information about your case, including:
- Case number
- Date of conviction or arrest
- Specific code section violated
- County of arrest or conviction
Accurate and complete information is essential for preparing your expungement petition. Your attorney can help you obtain these details if you do not already have them.
Step 3: File the Petition
Once all the necessary information is collected, your lawyer will prepare and file the petition for expungement with the appropriate court. This petition should include supporting documents that explain why the case should be dismissed, such as evidence of your rehabilitation, completion of probation, and compliance with court orders.
Step 4: Court Review and Decision
After your petition is filed, the court will review your case. The judge will consider all relevant factors, including the nature of the offense, your conduct since the conviction, and whether granting the expungement serves the interests of justice.
The judge may grant or deny your petition based on this review. If granted, your case will be dismissed, and you will be legally allowed to state that you were not convicted of the offense in most situations.
What Happens After Expungement?
If your expungement petition is successful, the conviction on your record will be dismissed, providing significant relief. However, it's important to understand what expungement does and does not do.
What Expungement Does
- Removes the Conviction: The conviction will be dismissed, meaning it no longer appears as a conviction on your public record.
- Improves Employment Opportunities: You can legally state that you were not convicted of the expunged offense when applying for jobs, housing, or licenses.
- Restores Certain Rights: Expungement may restore some of your rights, such as the right to serve on a jury.
What Expungement Does Not Do
- Erase the Record: The record of your case is not erased, and it may still be accessible to law enforcement and in certain legal situations.
- Prevent Future Convictions from Being Enhanced: If you are convicted of a new crime, the expunged conviction may still be used to enhance the penalties of the new offense.
- Remove the Requirement to Register as a Sex Offender: If you were required to register as a sex offender, expungement does not remove this obligation.
Understanding these limitations is essential, and your attorney can provide more detailed information about what expungement means for your specific case.
Taking the Next Steps: Meeting with an Expungement Lawyer
If you're considering expungement, it's important to take the first step by consulting with an experienced attorney who can assess your situation and guide you through the process. The Law Offices of Evan E. Zelig offers a free initial consultation, where you can discuss your case, learn more about your options, and begin the journey toward clearing your criminal record.
During your consultation, Evan E. Zelig will:
- Evaluate Your Eligibility: He will review the details of your case to determine whether you meet the eligibility criteria for expungement under California law.
- Explain the Process: Your lawyer will walk you through the expungement process, including what to expect at each stage, the timeline, and potential outcomes.
- Provide Honest Advice: Evan E. Zelig is committed to providing honest, straightforward advice. If expungement is not the best option for your situation, he will explore alternative forms of relief available to you.
- Develop a Strategy: If you decide to move forward with expungement, we will develop a customized legal strategy tailored to your specific needs and goals.
Contact the Law Offices of Evan E. Zelig Today
Don't let a past mistake continue to define your future. If you have a criminal record that is holding you back, now is the time to explore your options for expungement. The Law Offices of Evan E. Zelig in Santa Rosa, California, is here to help you take control of your life and move forward with confidence.
To schedule your free consultation, contact our Santa Rosa office by calling (707) 636-3204 or filling out the online contact form on this website. We are ready to stand by your side, guide you through the expungement process, and help you achieve the fresh start you deserve.
Take the first step toward a brighter future. Contact Evan E. Zelig and learn how expungement can improve your life.