If you have a minor criminal conviction on your record, our Orange County misdemeanor expungement lawyers could help. Our dedicated attorneys can usually clear your criminal record and get the matter expunged as long as you have successfully completed the terms of your probation. If you were not placed on probation for the misdemeanor conviction, your conviction can be expunged one year after the date you pled guilty or no contest. Part of having your misdemeanor sealed is that you have completed your probation with no violations of probation.

However, if you have not successfully completed probation, the law provides the courts in California the discretion to expunge records where probation was violated. If you believe you may have violated your probation, please contact this office with the specifics of your case and we can give you a free consultation as to whether or not you will be successful in attempting to expunge your misdemeanor conviction in Orange County. Our office is extremely successful in the expungement of misdemeanor convictions. In all but a select few cases, we should be able to expunge your case. Once your criminal record is cleared, you can legally answer “no” to direct questions of whether you were convicted of a crime. There are three exceptions to this in California:

  1. In application for a peace officer or public office, you must disclose the conviction even after it is expunged.
  2. An application for a state license, you will need to disclose that you had a conviction in the past.
  3. In contracting for the California State Lottery Commission.

In all other cases, you can legally deny the conviction. However, it is important to note that certain licensing agencies, like the Department of Real Estate, requires that you expunge your record as a criteria for licensing.

Misdemeanor Expungement Process

To clear your criminal record in Orange County of a misdemeanor, the expungement process begins with filing a Petition with the court of conviction. This is the criminal court where your conviction was received. The matter is then sent to the Probation Department for a review. In some cases, the Probation Department will send a report to the court and the matter is set for a hearing. Upon successful completion of the hearing, once the expungement is granted, the conviction is set aside, a plea of not guilty is entered and the case is dismissed. The court then sends a copy of the order to the Department of Justice to update the individual’s records.

Our expungement law firm includes preparing and filing of the petition and motion, payment of all court fees, and appearances at the hearing. For misdemeanor cases, you may not have to appear in court. One of our Orange County attorneys could appear at your expungement hearing on your behalf.

Expunging your criminal record and clearing your name can be this easy. The majority of our clients use the telephone or our online forms to get their record cleared. Our law firm does everything possible to make this process convenient to you allowing you to focus on your life and moving forward.

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Attorney Scott Henry: Criminal & DUI Defense