How serious the probation violation will determine whether or not the felony conviction is expunged.
If your felony conviction was a wobbler a charge that can be filed as either a misdemeanor or a felony , we may be able to reduce it to a misdemeanor and then proceed to get it expunged. An expunged misdemeanor is a better result than an expunged felony in that you may preserve certain benefits that can be denied to a convicted felon.
If you were referred to a "Diversion" Program, such as Deferred Entry of Judgment DEJ or Proposition 36 , and you have successfully completed all the requirements, your record should already be cleared. If, however, you did not complete the requirements or violated probation, you may have the conviction on your record. If you were convicted of possession of marijuana for personal use, you are not required to get an expungement.
In California, all possession of marijuana use convictions are automatically erased from your record after two years. Your criminal record consists of all of your arrests and convictions, even if some arrests were dismissed, rejected, never filed or if you were not convicted.
Although expungement applies only to convictions, we can also help you get your arrests removed from your record, also known as sealing of arrest records , by assisting you with filing a Petition for Factual Innocence.
If you do have convictions, however, the majority are eligible for Expungements. Call and speak to one of our experienced attorneys about having us file your expungement.
We are very familiar with the Los Angeles County expungement process and we file expungements in all the courts in Los Angeles County. We have the knowledge and the legal expertise to work diligently on your behalf and draft all the necessary documents, prepare you for court if necessary and represent you before the judge. For a defense team with a proven record of success, contact our office for a no-cost evaluation of your case and learn how we can help you. First Name Please enter your first name.
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No Yes Other Please select an option. Dedicated Representation For Criminal Defense. How You Can Benefit From An Expungement In California, some of the limitations of having a criminal record include difficulty obtaining employment; renting an apartment; ineligibility for public funds and student loans; obtaining credit or bank loans; loss of a professional license; even deportation for certain immigrants; and other benefits we take for granted.
Successful completion of probation means you completed all the requirements imposed by the court such as community service, community labor, fines, classes, and restitution. You had no major violation of probation and committed no new crimes during your probationary period; You are not currently on probation or charged with another offense.
Should I Have An Attorney? Felony Expungement In California, a felony can be expunged as long as you have completed all terms of your probation and you did not serve a state prison sentence. Expunging Drug Charges If you were referred to a "Diversion" Program, such as Deferred Entry of Judgment DEJ or Proposition 36 , and you have successfully completed all the requirements, your record should already be cleared. Our Los Angeles Criminal Defense Attorneys Can Help You Your criminal record consists of all of your arrests and convictions, even if some arrests were dismissed, rejected, never filed or if you were not convicted.
Still, it is a good idea to have a knowledgeable attorney on your side when trying to get your record expunged. For example, one requirement of California expungement laws is that the individual must have successfully completed all of the conditions of his or her probation in order to get a conviction expunged. These are things that an experienced Los Angeles criminal defense attorney would know, and that is why having a skilled and aggressive lawyer on your side when seeking conviction expungement is imperative. Contact our legal team at Criminal Defense Attorney Los Angeles today for a free initial expungement consultation.
Considered a form of post-conviction relief, an expungement provides a second chance for those who have completed their probation and have not served any time in prison. There is typically no waiting period for expungement, so as soon as you have completed the terms of your probation, you can file a petition to have your record expunged. If you are not eligible for expungement, you may qualify for a seal-and-destroy procedure, or your attorney may be able to file a motion for early discharge or a motion to reduce a felony to a misdemeanor offense.
Defendants convicted of either misdemeanor or felony offenses are eligible for conviction expungement in California, so long as they: have successfully completed the terms of their probation; and either did not serve time in California state prison for the offense, or served time in prison but would have served it in a county jail instead had the offense been committed after the passage of Proposition Proposition 47 is a law that California voters passed in to reduce the criminal penalties associated with certain drug and theft crimes.
This meant that individuals facing felony penalties for these crimes could apply to a judge for resentencing and it would be as if they were convicted of a misdemeanor, rather than a felony.
Under Prop 47, the following California crimes were changed to misdemeanor offenses under certain circumstances:. Keep in mind that you may not be eligible for expungement in California if you are currently charged with a criminal offense, are serving a sentence for a criminal offense, or are on probation for a criminal offense. You are also not eligible for expungement if you were convicted of certain sex crimes involving children, including the following:. Having an arrest record sealed and destroyed means the judge has declared the individual factually innocent and from that point on, the person can state that he or she has never been arrested for a crime.
There are a number of steps that must be followed before the court will grant you an expungement, and this includes your lawyer filing the appropriate paperwork and representing you at the expungement.
One of the most significant benefits associated with an expungement is that individuals with an expunged conviction are not required to disclose the conviction to potential employers, which means, if you get your record expunged, the employer cannot discriminate against you in selecting a job applicant. The most significant limitations of conviction expungement are in terms of prosecuting subsequent offenses and for sentencing purposes. Finding a reputable job and quality housing in a good neighborhood is harder than ever, and having a criminal conviction on your record can make it even more difficult to get hired for a job or approved to rent a house, and it can also ruin your reputation and affect your ability to obtain or maintain professional licensing.