Public records are easily accessible in today’s world. Anyone can view your criminal record with only a few clicks of the mouse. There are many reasons why someone would like to keep their criminal record private. One main reason is the negative impact a criminal record has on gaining future employment, housing, and professional licensing.
In California, convictions do not automatically disappear from your record after a certain amount of time. Additionally, criminal convictions can be on your record for a lifetime, so you may choose to file a motion to expunge your record and finally put your conviction behind you.
It is essential to retain a Tustin expungement lawyer who could help you remove your criminal convictions from the record so they do not cause future issues. Our team at The Law Office of Scott D. Henry has helped hundreds of clients have their criminal record expunged. Our criminal defense attorneys fight for a second chance for our clients because we firmly believe that being convicted of a crime should not make you a criminal for life.
What is an Expungement?
An expungement is a motion filed in the courts to dismiss criminal convictions from state criminal records. This process does not erase any record of a criminal conviction, but it is still beneficial. If you are granted an expungement, the case will be reopened, the guilty plea or verdict will be set aside, and the record will reflect that the case was dismissed. The criminal charge stays on your record, but since it is now dismissed, it can no longer be used against you for employment, rental, or licensing purposes. Additionally, you will no longer be required to disclose an expunged conviction when you are asked, “Have you ever been convicted of a felony?”
The Long-Lasting Impact of a Criminal Record
A criminal record can negatively impact your future in numerous ways. Some consequences of having a record include:
- A tarnished reputation
- Loss of employment
- Difficulty obtaining new employment
- No career advancement
- Child custody issues
- Immigration issues
- Losing the right to vote
- The revocation of professional licenses
- Higher premiums on car insurance
- Losing the right to carry a firearm
- Difficulty in renting
- Denial of student aid or student loans
There are serious consequences when convictions are on your record. That is why you should seek to have your records expunged to minimize these consequences. Our local attorneys could guide you through the expungement process and help keep your criminal record from impacting your future.
Who is Eligible for an Expungement in Tustin?
You are typically eligible for an expungement if you meet all of the following criteria:
- You were convicted of a felony or misdemeanor
- You are not currently facing any criminal charges
- You did not serve time in a California state prison
- You are not currently serving time for a criminal offense
- You obtained an early termination of probation, or you completed probation
- You completed your sentence and any additional requirements, such as community service
- You were not charged or convicted in a federal court
If you were charged and convicted in a federal court, sentenced to time in state prison, have pending charges, or were convicted of sex offenses involving children, you are most likely not eligible. A lawyer in the area could assess your eligibility for an expungement based on your past convictions.
How Long Does an Expungement Take?
An expungement could take anywhere from 90 to 120 days. If the case is older, it may take a little longer. Several factors impact how long the process takes. Some include:
- Whether the conviction is a felony or misdemeanor
- The length of time between the conviction and the expungement
- Whether or not the case is in the courthouse’s current database or in an off-site storage facility
- The complexity of the case
- Whether or not the court is requesting a probation report
If your conviction is less than ten years old, it should take less time to be granted an expungement. Our team of attorneys in Tustin could discuss the specifics of the conviction(s) you would like to have expunged and answer any questions you may have. We could then give you a more accurate timeline for the expungement.
Can a California DUI Conviction be Expunged?
DUI convictions are one of the most common expunged convictions in the state. DUI convictions can have a long-lasting impact on your employment and your reputation. DUI expungement cases have a higher legal standard than others. Legal counsel familiar with this process could dramatically increase your chances of having your record expunged.
Speak with a Tustin Expungement Attorney Today
The expungement process is typically a lengthy and difficult one. Having the experience of our skilled attorneys could make the process easier, less stressful, and may result in a better outcome.
We could find any loopholes or relevant laws that can increase your chances of being granted an expungement. Additionally, they could package all of the motions into one to speed up the process.
Our highly-regarded Tustin expungement lawyers know how the process is handled. We could effectively plead your case and help persuade the judge to grant your motion. Our dedicated team could help put your criminal convictions behind you and put you on the path to a bright future. Please call our office today for a free consultation.