Santa Rosa Expungement Lawyer

Helping Clients in Sonoma County Understand The Expungement Process in California

Have you ever felt like a mistake from your past is holding you back? Maybe you've been turned down for a job, denied a loan, or faced other obstacles because of a criminal record. If this sounds familiar, you're not alone.

Many Californians struggle with the long-lasting consequences of past convictions, even long after they've paid their debt to society. But what if there was a way to leave that past behind and move forward with a clean slate?

Welcome to the Law Offices of Evan E. Zelig, P.C., where we believe in second chances and the power of redemption. As a dedicated expungement attorney in Santa Rosa, California, Evan E. Zelig has helped countless individuals clear their records and reclaim their futures through the process of expungement.

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What Is Expungement?

Expungement is a legal process that allows individuals to clear certain criminal convictions from their records. In California, this process is governed by Penal Code section 1203.4.

When a conviction is expunged:

• The guilty or no contest plea is set aside.
• The case is dismissed by the court.
• You're relieved of many penalties and restrictions resulting from the conviction. 

While expungement doesn't completely erase or seal your criminal record, it can significantly improve your opportunities and quality of life.

Why Choose Us to Handle Your Expungement in Santa Rosa, CA?

When clearing your criminal record in Santa Rosa and the surrounding areas, the Law Offices of Evan E. Zelig offers unparalleled legal representation. Our firm brings a wealth of knowledge to your expungement case, backed by comprehensive experience in handling all types of criminal matters, from minor misdemeanors to serious felonies.

As your dedicated expungement attorney, Evan E. Zelig is admitted to practice in every State and Federal Court in California. This means we can represent you wherever your original case was heard, ensuring continuity throughout the expungement process.

We understand that taking the first step toward clearing your record can be daunting. We encourage you to contact us as soon as you consider expungement, even if you're unsure about your eligibility. Our office is available 24/7, always ready to answer your call and schedule a free initial consultation.

What Crimes Can Be Expunged in California?

Not all convictions are eligible for expungement in California. Generally, the following can be expunged:

• Most misdemeanors
• Most felonies, except for some sex offenses
• You may now also expunge cases where you were sent to State Prison or received a PC1170(h) prison sentence

Even if a conviction is eligible for expungement, the court still has discretion in granting the petition. Factors they may consider include:

• The nature and severity of the offense
• The defendant's criminal history
• The defendant's conduct since the conviction
• The defendant's reasons for seeking expungement

Expungement for Juvenile Records

Many people are unaware that juvenile records can also be sealed or expunged in California. This process, while similar in some ways to adult record expungement, has its own unique aspects that are important to understand.

In California, juvenile records don't automatically disappear when a person turns 18. However, the law provides several options for sealing or expunging these records:

Sealing Juvenile Records

Under Welfare and Institutions Code section 781, most juvenile records can be sealed. This process makes the records inaccessible to the public, including potential employers or landlords. To be eligible, you must be:

• At least 18 years old, or
• Five years must have passed since your last arrest or discharge from probation

Automatic Sealing

As of January 1, 2015, courts are required to automatically seal records for juveniles who complete their probation successfully, as long as they weren't convicted of certain serious offenses.

Expungement Under Penal Code 1203.4

Some juvenile adjudications can be expunged under the same process as adult convictions, particularly if the person was tried as an adult in criminal court. 

Key differences from adult expungement include:

• Juvenile records are generally easier to seal or expunge than adult records.
• The process often results in more complete removal of records compared to adult expungement.
• There are fewer exceptions or limitations on what can be sealed in juvenile cases.

Sealed juvenile records can sometimes be accessed by law enforcement or used in future juvenile or adult criminal proceedings. However, for most purposes - including employment, housing, and education - sealed juvenile records are treated as if they never existed.

The Benefits of Expungement

Expungement can have a profound impact on your life. Here are some of the key benefits:

• Improved Employment Opportunities: After expungement, you can legally answer "no" when asked about convictions on most job applications. This can open doors to better job opportunities and career advancement.
• Access to Professional Licenses: Many professions require state licenses, which can be difficult to obtain with a criminal record. Expungement can improve your chances of obtaining licenses in nursing, teaching, real estate, and more.
• Restored Student Loan Eligibility: Some drug convictions can make you ineligible for student aid. Expungement may help restore your eligibility for grants and loans.
• Better Credit Opportunities: While expungement doesn't directly affect your credit score, it can improve your overall image to creditors, potentially leading to better loan terms and credit opportunities.
• Personal Peace of Mind: Beyond the practical benefits, expungement can provide a sense of closure and a fresh start, allowing you to move forward without the weight of past mistakes.

The Expungement Process in California

While expungement might seem straightforward, the actual process can require a lawyer to navigate.

Here's a general overview of what you can expect:

• Eligibility Check: First, we'll review your case to determine your eligibility for expungement. This involves examining the nature of your conviction, your sentence, and whether you've completed all terms of your probation.
• Petition Preparation: If you're eligible, we'll prepare a petition for dismissal under Penal Code section 1203.4. This petition includes detailed information about your case and why you seek expungement.
• Filing the Petition: We'll file the petition with the court where you were convicted. There's typically a filing fee, though fee waivers may be available for those who qualify.
• Prosecutor Review: The prosecuting agency (usually the District Attorney's office) will have an opportunity to review your petition and potentially object.
• Court Hearing: In some cases, a hearing may be scheduled where you (or your attorney) can present arguments in favor of the expungement.
• Judge's Decision: The judge will review your petition and any arguments presented, then decide whether to grant the expungement.
• Record Update: If granted, the court will update your record to show that the conviction has been dismissed under PC 1203.4.

Throughout this process, having an experienced attorney like Evan E. Zelig can be invaluable. He can help ensure all paperwork is filed correctly, represent you at any hearings, and advocate effectively on your behalf.

Common Questions About Expungement

Special Considerations for Different Types of Convictions

While the expungement process follows a general framework, each type of conviction comes with its own set of challenges and considerations. The nature of your original offense can significantly impact your eligibility for expungement, the process you'll need to follow, and the potential outcomes.

In this section, we'll explore some of the most common types of convictions that people seek to expunge and the specific factors you need to be aware of for each. 

Whether you're dealing with a DUI, a drug offense, or a domestic violence charge, knowing what to expect can help you approach your expungement with confidence and realistic expectations.

DUI Expungement

Driving Under the Influence (DUI) convictions can have serious, long-lasting consequences in California. While some states use the term Driving While Intoxicated (DWI), California law specifically refers to these offenses as DUI.

DUI convictions are generally eligible for expungement in California, but there are some important points to consider:

• You must have completed all terms of your probation, including any required alcohol education programs.
• Expungement won't remove the DUI from your driving record or prevent it from being counted as a prior offense if you get another DUI within 10 years.
• Even after expungement, you must disclose the DUI conviction when applying for a commercial driver's license.

Drug Offense Expungement

Drug convictions can be particularly damaging, affecting everything from employment to housing opportunities. The good news is that many drug offenses are eligible for expungement in California.

Some key points:

• Successful completion of drug diversion programs like Prop 36 or PC 1000 can make you eligible for expungement.
• Some drug convictions may qualify for reduction from a felony to a misdemeanor under Prop 47 before expungement.
• Expungement can help restore eligibility for federal student aid, which is often revoked due to drug convictions.

Domestic Violence Expungement

Domestic violence convictions carry a particular stigma and can have far-reaching consequences. While many domestic violence convictions are eligible for expungement, there are some important considerations:

• You must have successfully completed all terms of probation, including any required batterer's intervention programs.
• Expungement doesn't lift firearms restrictions associated with domestic violence convictions.
• Even after expungement, the conviction may still be considered in family law matters, such as child custody disputes.

The Importance of Timing in Expungement

Timing can be crucial when it comes to expungement. In most cases, you must wait until you've completed probation before applying for expungement. However, in some cases, it's possible to request early termination of probation to expedite the expungement process.

Suppose you're facing a new criminal charge. In that case, it may be advisable to seek expungement of past convictions before resolving the new case, as this could lead to better plea bargaining options.

If you're applying for a job or professional license, it's best to start the expungement process as early as possible to ensure it's completed before you need to submit applications.

Beyond Expungement: Other Options for Clearing Your Record

While expungement is a powerful tool, it's not the only option for addressing past convictions. Depending on your specific situation, other possibilities might include:

Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony (and certain misdemeanors) has been rehabilitated. While not as comprehensive as expungement, it can be helpful for employment and serves as an automatic application for a governor's pardon.

Governor's Pardon

A governor's pardon is an honor granted to individuals who have demonstrated exemplary behavior following a conviction. It's the most complete form of relief from the penalties and disabilities associated with a conviction but is rarely granted.

Record Sealing for Arrests

If you were arrested but never convicted (either because charges were never filed or were later dismissed), you may be eligible to have your arrest record sealed under California Penal Code 851.87.

Prop 47 Reclassification

Under Proposition 47, certain low-level felonies can be reclassified as misdemeanors. This can be an important step before seeking expungement.

How Evan E. Zelig Can Help

Navigating the expungement process can be complex and intimidating. That's where the experience of a skilled criminal defense attorney becomes invaluable.

Here's how the Law Offices of Evan E. Zelig can assist you:

• Case Evaluation: We will thoroughly review your case to determine your eligibility for expungement or other forms of relief.
• Strategic Planning: Based on your specific situation and goals, our law firm will develop a personalized strategy to clear your record as effectively as possible.
• Paperwork Preparation: Your lawyer will handle all the necessary paperwork, ensuring everything is filled out correctly and filed on time.
• Court Representation: If a hearing is required, your defense attorney will represent you in court, presenting compelling arguments for why your expungement should be granted.
• Ongoing Support: Throughout the process, our firm keeps you informed about the status of your case and your lawyer is available to answer any questions you may have.

Contact the Law Offices of Evan E. Zelig and Take the First Step Toward a Fresh Start

Your past doesn't have to define your future. If you're ready to explore how expungement can open new doors and opportunities in your life, it's time to take action. Our law firm is available 24/7 to discuss your case.

Contact the Santa Rosa criminal defense lawyer at Law Offices of Evan E. Zelig, P.C. today to schedule a consultation. Let's work together to clear your record and pave the way for a brighter tomorrow. Call our Santa Rosa office at (707)636-3204 or contact us online. Your fresh start is just a phone call away.

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Our Santa Rosa Office Address

Evan E. Zelig
703 2nd Street Suite 404,
Santa Rosa, CA 95404
707-636-3204