If you have been charged with a crime in the State of California, you will still have a criminal record which can be viewed by members of the general public. This is true even if you were never convicted. Fortunately, however, California law allows for some criminal charges to be removed for a person’s criminal record, offering them a clean slate. Expungement means that a guilty plea or conviction on a person’s criminal record is withdrawn. It is then replaced with a not-guilty plea, after which the court dismisses the criminal case.While California criminal courts routinely grant expungements, not every criminal conviction is eligible for expungement. If you have been charged or convicted of a crime, the experienced California criminal defense lawyers at The Law Offices of David S. Chesley will be able to determine if you are eligible to have your record expunged. To schedule a free consultation with a criminal defense attorney in Los Angeles, call us today at 1-800-755-5174 or contact us online.Qualifying for a Criminal Records Expungement in California In order to apply for a criminal records expungement in California, you must first meet certain criteria. Those criteria include the following:
- You must not be serving a term of probation when you are petitioning the court for expungement.
- You must not have been charged with any other crime.
- The crime which you want to be expunged must have been a misdemeanor or a felony which could have been prosecuted as a misdemeanor.
- Helping you find a good job – Criminal background checks on prospective employees are becoming more and more common among employers. A criminal background check on a prospective employee will reveal all of the job applicant’s prior convictions, as well as prior arrests. The background check will also show whether or not the job applicant has ever been placed on a period of criminal probation. Also, during job interviews, most employers will ask a prospective employee if he or she has ever been convicted of a crime in the past. A records expungement allows a prospective employee to answer “no” to that question truthfully. Moreover, employers may not consider an expunged conviction revealed as part of a background check when making a hiring decision.
- Helping you obtain a state license – Many professions, including the legal profession and the medical profession, require a state license in order to practice. The same is true for contractors and real estate professionals. Even if your record is successfully expunged, you must still disclose your prior conviction in response to any question asking for this information – including an application to hold public office. However, many state licensing agencies will overlook a prior conviction if it was successfully expunged from an applicant’s criminal record.
- Helping you become a member of a professional organization – Similar to employers, many professional organizations perform criminal background checks on prospective members. However, a criminal records expungement helps to lessen the impact of any prior conviction and makes it more likely that the applicant will be offered the position or seat in a professional organization.
- Helping you in court – In civil trials, if you are on the witness stand, the opposing attorney cannot use a prior expunged conviction to bring your credibility as a witness into question. In a civil case, such as a personal injury case, this expungement benefit may help you, since your personal testimony can be extremely important o the outcome of your case. In a criminal case, however, opposing counsel may be able to bring up a prior expunged conviction at trial in order to call your credibility (i.e. your propensity for truthfulness or untruthfulness) into question.
