It seems that background checks are required for just about everything nowadays – from getting a new job, obtaining professional licenses, and finding a new place to live. Your chances of being hired or approved can be slim if you have a criminal conviction on your record.

If you want to prevent any further consequences of having a criminal record, it is best to speak with a Rancho Cucamonga expungement lawyer right away. At the Law Offices of Scott D. Henry, our seasoned team of criminal defense attorneys fully understand the limitations caused by a criminal conviction. We could fight diligently to stop the ongoing consequences of a criminal record so that you can move on with your life.

The Expungement Process

A California expungement typically takes between 90 to 120 days. The process begins when your lawyer files a petition to have your record expunged under California Penal Code 1203.4 PC. Then, the court will schedule your hearing. You may or may not be required to attend your expungement hearing. These hearings are held before the judge, with no jury present, and usually only takes 10-15 minutes.

At the expungement hearing, your Rancho Cucamonga attorney and the judge will discuss the charges, whether you fulfilled the terms of your sentence, whether you have any additional convictions, and your ability to find and hold down a job. The judge will then decide to accept or deny your petition. If your petition is accepted, you will receive a signed order documenting the dismissal of your case. In the state of California, you are typically able to have your criminal conviction expunged if you meet all of the following criteria:

  • You completed the terms or received an early termination of your probation.
  • You completed your sentence and its requirements.
  • You did not serve time in state prison.
  • You were not charged or convicted in a Federal court.
  • You are not currently facing charges.
  • You are not currently serving a sentence.
  • You are not currently on probation.
  • A year or more has passed since your conviction.

Limitations of Expunging a Criminal Conviction

While there are several benefits that result from having a criminal record expunged, there is only so much that having your case dismissed can do. Therefore, it is important to understand that some of the limitations of expungements. For example, an expungement does not:

  • Completely erase your public record, as it may still be visible but will show the case was dismissed.
  • Remove the court-ordered requirement to register as a sex offender.
  • Automatically reinstate your right to own or possess a firearm.
  • Remove further consideration for future convictions. If the original charge was a “prioriable offense,” your past conviction could still increase your penalties.

An experienced lawyer in Rancho Cucamonga could explain how the limitations of an expungement applies to your case.

DUI Expungements

DUIs are the most commonly expunged conviction in this state. A DUI expungement is a post-conviction process in which the plea of guilty or no contest or a guilty verdict is withdrawn, and the case is dismissed. After the DUI is expunged, it can no longer be used against you when applying for a job or housing or obtaining loans and professional licensing. However, the conviction still counts as a prior offense for DMV purposes.

Speak with a Rancho Cucamonga Expungement Attorney Today

Our Rancho Cucamonga expungement lawyers understand the long-lasting impact a criminal record can have on your future. We are dedicated to fighting diligently to have your conviction dismissed and put you on your path to a bright future.

Contact the Law Offices of Scott D. Henry today for a free consultation. Our skilled legal team could review your charges, determine your eligibility, and help you put this chapter of your life behind you.

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Attorney Scott Henry: Criminal & DUI Defense