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.
Expunging a DUI in California
In 2003, there were approximately 180,000 drunk driving arrests in the state of California (Criminal Justice Statistics Center). If you have been arrested for drunk driving, whether charged as a misdemeanor or a felony, hire an experienced Tustin DUI expungement lawyer who can help you clear your criminal record. Our team of dedicated attorneys could help you through this process and work hard to get your life back on track.
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.
Eligibility for Expunging a DUI Conviction
DUI Expungement is the legal process of petitioning the Court to review, clear, or seal your drunk driving conviction. Under California Penal Code section 1203.4, certain initial criteria must be met before an individual can file for an expungement. First, you must have been granted probation, either for a misdemeanor or felony DUI charge, and;
- The conditions of probation have been fulfilled, or probation has been discharged
- All fines, fees and restitution have been paid
- Everything ordered by the Court has been fulfilled in a timely manner
- The petitioner has no new criminal cases pending
In addition to the above rules, you must not presently be serving a probation term. However, in some cases, an individual may file for early termination of probation. If the above rules have been met, you will be permitted by the court to withdraw a plea of guilty or plea of no contest and enter a plea of not guilty; or, if you plead not guilty to the DUI charges, the court shall set aside the verdict of guilty; and, in either case, shall dismiss the accusations or information against you.
It’s important to note that a DUI expungement will not completely erase your misdemeanor or felony DUI conviction. If you are arrested again for drunk driving, the sealed charges can still be held against you in court. In regards to your California driving privileges, these types of expungement will not affect any driver’s license revocation or suspension given you by the California Department of Motor Vehicles (DMV). Any prior DUI conviction shall remain a conviction for DMV purposes. (Motor Vehicle Section 13555). Our local attorneys could review your DUI conviction and determine if it is eligible for expungement.
Benefits of Expungement in Tustin
One valuable benefit of having your criminal record cleared of a misdemeanor or felony DUI conviction is that you can honestly state during job interviews or on employment applications for private companies that you have no criminal convictions. When applying for many state licenses, criminal convictions must be expunged from your criminal record before you can be issued a state license. In the event you have had a DUI conviction expunged, you must still disclose the offense if a state license application asks, “Have you ever been convicted of a crime?” However, it can still be in your best interest to contact a Tustin lawyer to obtain a DUI Expungement, as many state licensing boards look favorably upon the fact you took initiative to expunge your criminal record.
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.