After being found guilty, one of your greatest fears regarding criminal conviction is that your crimes will remain on your permanent record and affect the rest of your life. Unfortunately, having a criminal record can create barriers to employment, housing, education, and professional licensing because most employers and landlords now conduct background checks on applicants as part of the routine.
Depending on your case circumstances, you may get an arrest or conviction expunged from your record with the help of a skilled Alameda criminal defense attorney at the Law Office of Andrew Dosa. Get legal advice, explore your options, and clear your criminal record by scheduling an initial consultation with our legal team.
Why Do I Need an Expungement Lawyer in California?
You may have made mistakes in the past, but you’ve changed your life, and your criminal record is the only thing holding you back now. Having a previous conviction on your record can significantly impact your life. For this reason, expungement has become more common than ever before.
Clearing your record through expungement can be a complicated and time-consuming process. Since various laws dictate the types of charges eligible for expungement and who can have these convictions removed from your record, it is crucial to seek legal advice from a credible Alameda expungement lawyer. At the Law Office of Andrew Dosa, we have been helping countless people in Alameda County expunge their convictions. We believe you deserve a fresh start in life and will help you achieve it.
What is Expungement?
Expungement is sealing arrest, conviction, and related records from public access. It is a type of post-conviction relief in which the superior court reviews the sentence and allows the defendant to withdraw a finding of guilt or a plea. A “Not Guilty” plea is then entered, and the case is dismissed so the conviction can be set aside.
Every state has enacted laws that allow people to expunge arrests and convictions from their records. Most states allow that once an arrest or conviction has been expunged, it need not be disclosed, including to potential employers or landlords. In California, most misdemeanors and even some felony convictions can be expunged from your record with the help of a reliable Alameda expungement lawyer.
What are the Factors That Determine Eligibility for Expungement in California?
California expungement law allows many defendants convicted of crimes to have their criminal convictions dismissed in specific situations. However, not every individual convicted of a crime is eligible for expungement. Many factors determine the eligibility of a crime for expungement, and laws vary between counties and states.
Different state laws have different requirements that you must meet before an expungement can be granted or a record can be sealed. Whether you can get an expungement depends upon the offense for which you were convicted and the sentence imposed by the court. A knowledgeable Alameda criminal defense lawyer can help you determine your eligibility.
You can expunge a criminal record depending on the following factors:
The availability and the process of expungement depend on the location of the criminal record. Each state has different laws and a list of crimes that can be expunged. The remedies and laws usually vary based upon the jurisdiction in which the arrest or conviction occurred.
Type of Offense
The type of offense and the severity of the crime are considered in determining eligibility for expungement. Repeat and serious criminal offenses are typically harder to expunge or seal. Some states will only consider misdemeanors as eligible for expungement but not felonies. Some jurisdictions limit eligibility to only non-violent offenses.
Age is one of the most critical factors in determining the eligibility for expungement. California law allows young offenders to have their juvenile records sealed or erased if they get in no further legal trouble after a certain time. However, not all juvenile cases will be eligible. The eligibility will be based on the type of offense, location, and whether there were any previous offenses.
Outcome of Case
The availability of criminal record expungement depends on whether the person seeking to have their record expunged was convicted of a criminal charge or arrested for suspicion of committing an offense. In some states, a mere arrest record without a conviction is more likely to be expunged than an actual conviction.
Before requesting an expungement, some laws require a person to wait a certain amount of time after completing their sentence and remain crime-free. This means more than simply getting out of the state prison. In most cases, you must complete the terms of your sentence, including any period of probation, parole, or supervised release, to qualify for expungement.
What are the Charges that Qualify for Expungement in California?
State laws mostly dictate how the expungement process works and which crimes are eligible. A trusted Alameda expungement attorney can help you navigate the laws that determine the specifics of when you can get your records expunged.
In California, almost any criminal conviction can be eligible for dismissal. The only exception to this rule is if a court sentenced a defendant to a term in state prison due to their conviction. This type of punishment only applies to people who are convicted of felonies. Therefore, all misdemeanor-level offenses and violations may qualify for expungement. However, certain criminal offenses may never be dismissed from a criminal record. These include:
- Child pornography offenses
- Certain sexual crimes committed against a minor
- Certain types of severe traffic offenses
What Is the Process for Filing for an Expungement in California?
Generally, the expungement process starts when you file a petition with the court of conviction to get an expungement. In your petition, you should explain how you qualify and why you should receive an expungement. A judge will then set a hearing date to determine whether you are eligible for an expungement. A competent expungement lawyer in Alameda County could help file an appropriate petition, represent you in court, and argue why the judge should grant your request. If your request is granted, the judge will order reporting agencies and other enforcement agencies to seal your records.
The cost of filing an expungement petition in court varies from state to state. The filing fee can be expensive. However, some states allow the court to waive or reduce the payment if the petitioner can demonstrate financial hardship.
Call Our Seasoned Alameda Expungement Lawyers Now!
If your criminal record is expunged, the crimes will no longer be seen on background checks, giving you a second chance at a new start. The mistakes of your past shouldn’t have to hold back your future. You’ve turned your life around, so now it is time to clear your criminal record.
To expunge a record means you can live more freely, without worry that past legal hardship will follow you for the rest of your life. With legal representation from our experienced Alameda expungement attorneys at the Law Office of Andrew Dosa, we can help you take the necessary actions to reclaim your life. Our criminal defense law firm has helped many previous clients expunge their records and return to their lives after being convicted of a criminal offense. We will help you understand how the process works, determine if you qualify for expungement, and pursue a dismissal in Alameda County superior court.
Take the next step in clearing your name. Contact our law office now and schedule an initial consultation.