Our criminal defense attorneys at The Law Office of Scott D. Henry believe that being convicted of a crime should not make you a criminal for life. Therefore, we assist our clients in having their past criminal convictions expunged from their records, putting an end to the negative consequences.

If you have been convicted of a crime and would like to have the conviction dismissed, contact our San Bernardino expungement lawyers today. We could help you put the past behind you and give you back the opportunities you had before your criminal conviction.

Understanding Expungements

In many states, an expungement “erases” the conviction from your criminal record. In California, an expungement under California Penal Code 1203.4 PC does not completely erase your record; rather, it dismisses the conviction. If you file for an expungement, you are asking the court to reopen your case, withdraw the guilty plea or verdict, replace it with a not guilty plea or verdict, and have the charges dismissed.

How Can I Have my Arrest Record Erased?

If you wish to have your arrest record erased, you must file a Petition of Factual Innocence rather than go through the expungement process. You can request that your arrest record be sealed for any arrest that did not result in a conviction. To be granted your request, the court must find there was no reasonable cause to believe you committed the alleged crime. All arrest records will be sealed if your petition is granted, including any mug shots or fingerprints. After three years, your sealed arrest records will be physically destroyed.

Eligibility for an Expungement in San Bernardino

If you were convicted of a misdemeanor or felony in this area and did not serve time in state prison, you might be eligible to have your conviction expunged. A person meets the specific requirements for a record expungement if:

  • They are not currently serving a sentence for any criminal offense.
  • They are not currently on probation for any criminal offense.
  • It has been a year or more since the conviction.
  • They have no pending criminal charges.
  • They paid all fines associated with their conviction.
  • They successfully completed or received early termination of their probation.

A San Bernardino attorney could assess someone’s case and determine if they meet the requirements for an expungement.

What is Proposition 47?

In 2014, California passed Proposition 47. It allows some individuals convicted of certain felony convictions to have their conviction recalled and changed to a misdemeanor. Proposition 47 applies to the following felony convictions:

  • Petty theft
  • Shoplifting
  • Simple drug possession
  • Receipt of stolen property
  • Forging or writing bad checks

If you have previous convictions of certain serious criminal offenses, you will not be eligible. They include child molestation, rape, and murder. You will also not be eligible if you are on the sex offender registry. A lawyer in San Bernardino could determine if someone is eligible to have their felony conviction expunged under Proposition 47.

Consult with a San Bernardino Expungement Attorney

If you want to stop the long-term consequences of your criminal conviction, consult with a San Bernardino expungement lawyer today. Our knowledgeable team at The Law Office of Scott D. Henry is here to advocate aggressively on your behalf to have your conviction expunged. Contact us today for a free consultation and let us help you put the past behind you.

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