How Can an Expungement Attorney in Los Angeles Help?
If you made a mistake and you already did your time or paid your dues, but you are still experiencing the consequences, an expungement attorney in Los Angeles may be the key to regaining your freedom. An expungement is a particular post-conviction procedure currently available under California law (most commonly under the Penal Code, § 1203.4).
The process involves filing a petition in the court that you were convicted and asking the judge to have your criminal record expunged. In most cases, this involves withdrawing your old plea of guilt or no contest and entering a new plea of not guilty. The case is then dismissed.
Regardless of your circumstances, you are not alone in your fight. Contact the Law Offices of Christopher Chaney today for a free consultation, and we will assist with finding a solution to whatever problem you may face.
Los Angeles Criminal Record Expungement Lawyer
Your Los Angeles criminal defense attorney will be able to help you navigate the challenging process of having your criminal record expunged.
This is often a lengthy and difficult process that is not always successful and nearly always requires legal advice from an expungement lawyer in California. This is especially true with domestic violence criminal convictions or those involving repeat offenders.
If expungement is granted, it practically allows the convicted individual to have their guilty plea or a verdict set aside. But, it doesn’t erase the conviction entirely. The goal is to update the case’s disposition. The court then transfers a copy of the judge’s expungement order to the Department of Justice. They update your California criminal record and your FBI record to include the new information.
In other words, if you get a DUI conviction the prosecutor may use your prior DUI conviction to enhance your sentence although the previous conviction is expunged.
On the other hand, if an expungement for a juvenile crime is granted, the prosecutor or the court can’t revisit that particular conviction in the future.
Who is Eligible to Have Their Criminal Charges Exonerated in Los Angeles?
Expungement is only available to non-incarceration cases and defendants, more precisely to those who did not serve time in a California state prison. Bear in mind that a conviction or an arrest that involved having to spend some time in a holding cell or even a county jail may qualify for an expungement. Also, if you were convicted in state court, not federal court, you may be eligible to get your records expunged.
If you were convicted, completed your probation and didn’t violate the terms of the probation, and met all the requirements of the received sentence such as fines, community service, or mandatory treatment program, you may also qualify for record expungement.
If the sentence didn’t involve probation, at least one year from the date of conviction has to pass in order for convicted individuals to become eligible for getting their convictions expunged.
Of course, there are certain exceptions to these guidelines. For example, if an individual is currently on probation, it may be possible to request early probation termination first and then file an expungement petition. However, it’s typically best to wait until at least half of the probation term is completed.
Even those who have violated the terms of their probation sentences might qualify for expungement. However, a judge would consider the type of violations that occurred, as well as their whole criminal records and the seriousness of the original criminal offenses before deciding. Skilled Los Angeles expungement lawyers can help individuals looking to get a fresh start.
Why Might You Need an Expungement Criminal Defense Law Firm?
People often make mistakes when they are young that they regret when they are more mature, and being granted an expungement in Los Angeles can actually change their lives.
Several citizen rights are restricted after one has been incarcerated. These may not be important to an impetuous youth but mean something to a mature man or woman with a family.
They include the following privileges:
- Ability to obtain loans
- Ability to purchase or own firearms
- Voting rights
As one matures, these rights that other citizens have feel more important. Generally, these are considered unalienable rights. Unfortunately, for those with certain criminal record histories, they are revoked or suspended.
Plus, where some jobs only do background checks for the previous seven years, others check your entire history. For improved career opportunities, you will want a clean record. A Los Angeles expungement lawyer can help make those dreams come true.
A criminal defense firm like the Law Offices of Christopher Chaney can do the following:
- Make sure our client’s constitutional rights are protected
- Explore every option available to our client for receiving criminal record expungement
- Help gather evidence to demonstrate why our client deserves an expungement
- File all required paperwork with the correct California court
- Build a persuasive argument that can be presented to a judge
Most important of all, we will listen to your concerns, examine all the facts, and come up with the best possible strategy to get you back on your feet.
What Crimes Are Not Eligible for Expungement in Los Angeles, CA?
Many misdemeanor and felony offenses in California are eligible for expungement. Although California Penal Code Section 1203.4 allows individuals with a criminal record to have their criminal conviction removed from their public record, not all convictions can qualify.
For example, most serious sex offenses against children and minors can not be expunged. In addition, felony sex crimes and a failure to submit to a police inspection of a vehicle are also offenses that are not eligible for expungement. Furthermore, convictions of murder or kidnapping in the State of California cannot be expunged.
Those who are currently charged with a crime, or serving a sentence for another offense other than the one they are trying to get their criminal conviction expunged, most likely won’t be eligible for an expungement in Los Angeles county.
Individuals who are currently on probation for another crime or who went to prison for the underlying crime are not eligible for expungement. In fact, those convicted of a crime whose sentence included state prison incarceration cannot have their record expunged. Whether individuals were sentenced to time in prison at the time of their conviction or due to probation violation doesn’t really make the difference.
So, although those convicted of a felony DUI and sentenced to probation and county jail time are eligible to have that conviction expunged once the probation has been completed, a felony DUI conviction with a state prison sentence is not expungable.
There may be other intricacies when it comes to clearing your criminal record, so consulting with an experienced Los Angeles expungement lawyer can be beneficial to your situation.
Work with a Los Angeles Expungement Attorney
Since drug laws are currently changing, what previously was a crime may no longer be. A Los Angeles expungement attorney may be able to have your record cleared of previous infractions.
This can open up new career possibilities and housing options, as more frequently, employers, banks, and others are conducting criminal background checks before offering these opportunities.
Crimes like vandalism and petty theft crimes are occasionally conducted in youth. Offenses like assault and battery may have been falsely accused or taken out of context.
The right law firm will provide the necessary criminal defense from an expungement attorney in Los Angeles to make this option possible if you have been convicted of a criminal offense.
Request a Free Case Evaluation Today!
When you seek Los Angeles expungement attorneys, look for local Los Angeles, CA criminal defense attorneys. They will be experienced with the local court system and the ins and outs of your jurisdiction. Check out “expungement attorneys near me” and get a feel for your options.
At the Law Offices of Christopher Chaney, you can always schedule a free in-person consultation to explore your options with us before beginning. In these uncertain times, your future and the future of your family may depend upon getting good legal help for your expungement.
