Expungement

A spotless record is the hallmark of a person’s character – at least, when it comes to the legal industry. If you have a past criminal conviction in the State of California, it may be eligible for expungement.

Expungement is the action of erasing or removing completely. It is the process by which a record of criminal conviction is destroyed or sealed from the state or federal account keeping. An expungement order directs the court to function as if the criminal conviction had never occurred, essentially removing it from a defendant’s records as well as any public records.

The majority of states allow people to have their criminal records expunged – it all depends on the laws within the jurisdiction. It is important to note that some states completely remove the arrest record from all databases. In this case, a person can deny that they have ever been arrested for the crime! However, other states may still maintain public records of the arrest even after it has been expunged.

We understand that being arrested is a fearful and life altering experience. It may seem that the Government desires to uphold your offense and always remind you of your mistakes. All persons have a right to representation in the Constitution and here at Kolacia Law, we uphold the highest standard for our clients and provide quality attorneys that you can depend on.

Kolacia Law Firm

Our law firm cannot change your past but we can brighten your future through our legal services of criminal defense and expungements. Give us a call today at 714-725-7072 for your free consultation.

Every case is different and there are exceptions in some instances. Most individuals who were sentenced to probation, imprisonment in county jail, incurred a fine, or a combination of the aforementioned penalties are eligible to seek expungement of their record for both misdemeanor and felony convictions.

In the state of California under Penal Code (PC) 1203.4, individuals with convictions for misdemeanors, infractions, and felonies are allowed to have their cases opened, to withdraw a guilty plea, and to have the case dismissed or expunged. Once the case has been expunged, the conviction is no longer on an individual’s record and they can legally state that they have never been convicted of a crime!

Nevertheless, there are three exceptions to this clause where individuals cannot rightly declare they have never been convicted of a crime. In some situations, expungement must be disclosed to California Licensing Agencies – this includes applications to be a peace officer, professional licensure, and in an application to be in public office. Our standout attorneys at Kolacia Law can provide detailed information regarding expungement and the circumstances where you may have to disclose these details during your consultation. Contact us today so that we can help!

You may qualify for a Petition for Relief under PC 1203.4 or PC 1203.4a if you meet the following requirements:

Are not currently on probation or parole or serving a sentence for any other offense
No further criminal violations and no pending criminal charges against you
Obeyed all orders set forth by the Court and Jail
Paid restitution and fines
Completed community service
Attended scheduled appointments with your probation officer
Submitted to police officer searches and seizures of your person or property with or without a warrant; and
Attended required Drug Treatment Programs or Alcohol Programs.

You may also Petition for Relief under PC 1203.4 (a).

You have been convicted of a misdemeanor
Court restitution and fines have been paid
You are not on probation or serving a sentence for any other offense
You have no pending criminal charges against you
You have fully complied with the court’s orders
One year has elapsed since sentencing and probation was NOT granted

If any of the following circumstances apply to your case, you should immediately call our law firm to see whether you may qualify for an expungement of your criminal record.

Kolacia Law Firm

It is important to note that even if you have violated your probation, you may still be eligible to get your record expunged. The experienced lawyers at Kolacia Law can provide sound legal counsel to guide you through this complicated process. For your complimentary consultation to see whether your case meets the established criteria for expungement, contact us today at 714-725-7072!

Who Is NOT Eligible For Expungement?

In most cases, if you served time in state prison, you are not eligible for expungement of your criminal record. Additionally, certain very serious crimes are deemed ineligible for expungement. These crimes include:

Sodomy with a minor – PC 286(c)
Lewd and lascivious acts with a minor – PC 288
Oral copulation with a minor – PC 288a(c)
Continuous sexual abuse of a child – PC 288.5
Forcible sexual penetration with a minor under 14 years old – PC 289(j)
Unlawful sexual intercourse with a minor under 16 years old committed by a person over 21 years old – PC 261.5(d)
Felony Possession of Child Pornography – PC 311
Failure to stop and submit to inspection of equipment or for an unsafe condition endangering a person – Vehicle Code section 42002.1
Any infractions or special misdemeanors under Vehicle Code section 42001

Most states will put restrictions on which crimes can be expunged from someone’s record. The most common crimes that can’t be expunged are murder, rape, terrorism, capital offenses, and assault with a deadly weapon that resulted in a serious injury.

The biggest benefits that come along with expunging your criminal record are the countless opportunities that will open up for you. The dismissal of a conviction includes being able to have background check companies update your online background check information. When a potential landlord, creditor, employer, or school runs a criminal background check, you no longer have to disclose a conviction. This minimizes the manner in which a conviction can be used against your professional license and provides a much better chance of positive outcome in achieving your goals.

Our compassionate attorneys understand how vital second chances are and we are committed to helping you. Contact us today to speak with one of our skilled lawyers and let Kolacia Law restore hope for tomorrow!