Are you seeking an expungement in Los Angeles?

Having a criminal record can be embarrassing, prevent you form getting a job, bar admission to school, and impact bank loans, or your ability to rent an apartment. The general public can access your arrest record, which can result in devastating consequences, or an inaccurate stigma. For this reason, the importance of a clean criminal record cannot be overstated.

California provides a remedy for people with a criminal history, which is the expungement process. Expungement in California is the process of having a prior conviction removed from your record if certain criteria are met.

If you are seeking an expungement in Los Angeles County, or anywhere else in Southern California, call Miles Booth to guide to you through the process and answer any questions specific to your case at 424 272 1134.

Los Angeles Criminal Defense Lawyer, Miles Booth

Am I eligbile for an expungement?

If you have a criminal conviction you may eligible to have your case expunged pursuant to California Penal Code section 1203.4. Both felonies and misdemeanors are eligible for expungement so long as:

• You completed all terms and conditions of probation, and did not commit any new crimes while on probation
• You did not serve time in state prison, or if you did serve time in state prison, you would have served time in county jail instead if the crime had been committed after the implementation of realignment under proposition 47
• You are not currently charged with a crime
• You are not on probation
• You are not serving a jail or prison sentence

It is important to note that if you violated probation you still may be able to get an expungement, however, the chances of your expungement being denied increases. For this reason it is important to retain a competent Los Angeles expungement lawyer who is familiar with the process.

Additionally, if you are still on probation, a skilled Los Angeles defense attorney may be able to get your probation terminated early and expunge your case at the same hearing.

What charges cannot be expunged?

There are specific offenses that are not eligible for expungement no matter what. These include but are not limited to;

• Penal Code 286(c), sodomy with a child
• Penal Code 288a(c), oral copulation with a child, and
• Penal Code 261.5(d), statutory rape

What does an expungement do in California?

An expungement will result in a new entry into the court record showing that your case has been dismissed. An expunged conviction does not need to be disclosed to most employers, and will not show up on a standard background check.

Currently, California’s ban the box las, under AB 1008, prevents employers from asking about a job applicants criminal record until after a conditional offer of employment has been made. An expunged conviction does not need to be disclosed even after a conditional offer of employment has been made.

If you are seeking a pardon for a felony, an expungement is the first step to having a pardon granted. Additionally, an expungement may make it easier to obtain a state professional license.

What will an expungement not do in California?

Unfortunately, an expungement does have its limitations. An expungement will not:

• Restore gun rights under Penal Code section 29800
• Overturn a driver license suspension
• Prevent the charge from being counted as a “priorable offense” or “strike” for sentencing enhancement purposes in a new case
• End the requirement to register as a sex offender under Penal Code section 290
• Enable you to omit the conviction on applications for government issued licenses

What if I am currently on probation?

If you are still on probation, a skilled Los Angeles defense attorney may be able to get your probation terminated early and expunge your case at the same hearing. In order to have your probation terminated early you must have successfully completed all terms of probation, and provide evidence of circumstances that justify the judge terminating your probation.

Some reasons that the judge may take into consideration when deciding to terminate your probation, are that being on probation is;

• Preventing you from getting a job
• Hindering a promotion at work
• Impacting a civil or family law case
• Limiting necessary travel

What if I violated my probation?

If you violate probation the court has discretion to grant or deny your petition for expungement under California Penal Code section 1203.4. The judge may consider;

• Your overall performance on probation
• How serious the underlying crime is
• Your criminal history
• Any evidence of rehabilitation, and improvement on your part

A skilled Los Angeles expungement attorney may be able present your case in a way that highlights the progress that you have made, and persuade a judge to overlook your probation violation. If you are seeking an expungement in Los Angeles County, call Miles Booth to guide you through the process.

Can I get my felony reduced to a misdemeanor before it is expunged?

If you were convicted of a “wobbler” offense the court has discretion under California Penal Code section 17(b) to reduce your felony to a misdemeanor. A “wobbler” is a charge that could be filed as a misdemeanor or a felony.

Having a felony reduced to a misdemeanor can have substantial consequences both personally and professionally. A felony conviction may lead to difficulty obtaining a job, lead to sentencing enhancements on a future conviction, prevent you from getting professional licensing, and ban you form possessing a firearm.

In order to have tour case reduced you must have been granted probation. If you served state prison time you are ineligible for a reduction under Penal Code section 17(b).

The judge will look at several factors to determine if your charge should be reduced to a misdemeanor including:

• The charge you were convicted of
• The specific facts of your case
• Your performance on probation
• Your criminal history
• Your contributions to the community

The prosecutor has the discretion to object to any reduction, however it is ultimately up to the judge to determine if your case will be reduced to a misdemeanor.

Contact Los Angeles expungement lawyer miles booth

Having a criminal conviction on your record can have serious consequences. You may experience difficulty obtaining employment, advancing your career, or finding housing as the consequence of a conviction that could be years old.

It is important to have a professional and skilled defense attorney by your side. Miles Booth has substantial experience and success dealing with the expungement process.

If you are seeking an expungement in Los Angeles, or Southern California, contact Los Angeles criminal defense lawyer, Miles Booth, for a Free Consultation at 424 272 1134.