Sealing Your Criminal Record: What You Need to Know
Expungement is a legal process by which criminal convictions and other criminal records are sealed from a person’s criminal record. The California Penal Code allows for three different types of expungements. The type of expungement that may be right for you depends on your criminal record and prior criminal sentencing. Many people see the advantage of expungement or “record sealing” because convictions can essentially be removed from your record. This is many people’s chance at a fresh start, and the Law Offices of Virginia L. Landry may be able to assist. If you’re interested in criminal expungement, continue reading to learn if you qualify and how our Orange County defense attorneys may be able to assist you.
Understanding the Types of Expungements in California
There are three types of expungements available to those with a criminal record:
- Criminal convictions involving probation: According to § 1203.4 of the California Penal Code, convictions in which probation was a part of the sentencing can be expunged.
- Criminal convictions not involving probation: According to § 1203.4a of the California Penal Code, convictions in which probation was not a part of the sentencing can be expunged.
- Felony convictions reduced to misdemeanors: According to § 17 of the California Penal Code, certain felony convictions can be reduced to misdemeanors, and then those misdemeanors may be able to be dismissed.
Benefits of Expungement: What You Should Know
There are certain things that an expungement can and cannot do. For one, while the conviction is being “sealed” from your criminal record, it will remain in your criminal history. Instead of showing “conviction” your record will now show that there was a conviction, but it was expunged. Also important to know is that an expungement does not mean you can exclude your criminal history on your application for a government-issued license such as a driver’s license. Again, while you still do have to disclose your conviction, you will also get to note that the conviction was expunged. An expungement also cannot remove you from habitual offender status, should this apply to you.
There is much advantage with expungements when it comes to employment. According to the labor code of California, your employer is not allowed to ask you about any arrests that they might find on your record unless that arrest ended in a conviction. With expungement, you are re-opening a case and dismissing your conviction, which is why your employer cannot ask about expunged arrests/convictions. For all non-government applications (private employment, etc.) you can answer “no” if prompted to answer the question “Have you ever been convicted of a criminal offense?”
Contact Our Orange County Criminal Attorneys for Assistance
When you contact The Law Offices of Virginia L. Landry, we can discuss your case with you to see if you qualify for expungement under the standards listed out in the California Penal Code. Provided that you meet the requirements in the statutes, have fulfilled all the terms of your sentence and at least one year has passed since your conviction, then you qualify for record sealing. Also, if you have been convicted for another crime within the year after you were convicted for the crime you are trying to expunge, then you may not qualify for expungement.
Don’t go the process alone. Discovering whether or not you qualify can be as difficult as making the actual petition. Our Orange County criminal defense lawyers will be with you every step of the way to ensure that the necessary paperwork is filed and a strong case is presented on your behalf.
Get started by calling our firm today to receive a free case evaluation.
Explore More: Recommended Reading on Expungement
- What Expungement Can and Cannot Do
- Is It Possible to Clean Up Your Criminal Record?
