In California, criminal convictions can be on your record for a lifetime. If you want to put your conviction behind you, you may consider filing a motion to expunge your criminal record. To ensure your conviction does not cause future consequences, it is best to contact a skilled Irvine expungement lawyer. Our legal team at The Law Office of Scott D. Henry believes being convicted of a crime should not make you a criminal for life. We have decades of experience helping our clients have their criminal records expunged. Our criminal defense attorneys are dedicated to fighting tirelessly to help you put the past behind you.
Functions of an Expungement in Irvine
If you are granted an expungement, it releases you from “penalties and disabilities resulting from the offense.” This means that after an expungement, you are legally able to say,” No,” when asked if you have ever been convicted of a crime. A potential employer or landlord will not be able to access arrests, charges, or convictions when a background check is performed. Additionally, they cannot ask you for any information about the arrests, charges, or convictions.
However, there is one exception to this. If you apply for a government job or a position that requires a security clearance, you must disclose the conviction, as well as the expungement. As such, this process has many benefits, but there are several things it does not do. An expungement does not:
- Prevent mandatory sex offender registration
- Reinstate your right to possess a firearm
- Remove the conviction from public view
- Remove the conviction from your state and FBI criminal history records
- Prevent the expunged conviction from increasing penalties for a subsequent conviction
One of our lawyers in Irvine could explain how expungement could be beneficial in your situation.
The Effects of a Criminal Record
A criminal record can have long-lasting adverse effects. Some consequences include:
- A tarnished reputation
- Difficulty obtaining employment
- Difficulty obtaining housing
- Revocation of your professional licenses
- Loss of your right to vote
- Loss of your right to possess firearms
- Child custody issues
- Immigration status issues
- Higher auto insurance premiums
- Denial of student loans or financial aid
Therefore, convictions can have a serious long-term impact on your future. If you have been convicted of a crime, it is best to have your records expunged to minimize future consequences. Our dedicated lawyers in Irvine could guide you through the expungement process and fight to keep your criminal record from further impacting your future.
Am I Eligible to Have my Conviction Expungement?
You are typically eligible for an expungement if you meet all of the following criteria:
- You are not currently facing criminal charges
- You did not serve time in a state prison
- You are not currently serving time for a criminal conviction
- You completed your probation or obtained an early termination of your probation
- You completed your sentence and its requirements
- You were not charged or convicted in a federal court
You are typically ineligible for an expungement if you served time in state prison, have pending charges, or were convicted of sex crimes involving children. A lawyer in Irvine could review your case and determine if you are eligible to have your conviction expunged.
Expungement for a DUI Conviction in Irvine
In California, the most common expungement is for a DUI conviction. A DUI conviction has long-lasting effects on your personal and professional reputation. Fortunately, you are eligible for an expungement if you did not serve time in state prison and completed the terms of your probation. These cases have a higher legal standard than other expungements. Therefore, it is best to have an attorney who has extensive experience with this specific process and knows how to advocate effectively on your behalf. Skilled and experienced legal representation considerably increases your chances of being granted an expungement.
Speak with a Leading Irvine Expungement Attorney Today
Getting a conviction expunged is a lengthy and challenging process. Fortunately, a skilled Irvine expungement lawyer could make the process faster, easier, and less stressful. We could find any loopholes or relevant laws that could help us create a persuasive argument to compel the court to grant you an expungement. Our experienced attorneys could also package all of the necessary motions into one to speed up the process.
Our highly-regarded legal team at The Law Office of Scott D. Henry has extensive knowledge of how this process is handled in the state. Our dedicated attorneys are committed to helping you put the past behind you and on the path to a brighter future. Please contact our office today for a free consultation.