Expungement 101

If you’re like many people convicted of DUI or another criminal offense in California, you may fear that your record will prevent you from obtaining a job, housing, or education. However, relief is possible through the process of expungement. An experienced California expungement lawyer from The Kavinoky Law Firm will thoroughly analyze your conviction to determine whether expungement may be an option to help you.

Expungement was once as simple as completing certain requirements and petitioning the court, but California has passed new laws that require a formal hearing in order for a criminal conviction expunged. The judge will use the hearing to determine whether expunging your conviction serves the best interests of justice and society.

In order to give your expungement petition the best chance of success, it may be necessary to call witnesses, file declarations, provide additional information to the court about your circumstances, and persuade the court that your good conduct and reform justify expunging your conviction.

It’s easy to feel intimidated about the prospect of yet another court hearing, but the rewards of expunging your California criminal conviction are enormous. Once the conviction is removed from your record, you can truthfully assert that you were never convicted of that offense.

There are a few instances where your conviction must still be disclosed following expungement – you must list it in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

It’s possible to seal the record of a conviction that occurred before you turned 18 by having a successful hearing in juvenile court. Once your record is sealed, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; it is as if the offense never happened.

If you have a felony on your record, it’s often possible to have the offense reduced to a misdemeanor and then expunged. However, some felonies cannot be reduced – you may have to apply for a certificate of rehabilitation and pardon.

Even though new California laws mean that you must have a formal hearing in order to have a criminal conviction expunged, it’s still possible to wipe the slate clean and move forward with your life. To learn more how expungement can erase your California criminal conviction, contact an experienced lawyer from The Kavinoky Law Firm today for a free consultation.