What is an Expungement?

In California, expungement  is a legal process provided under 1203.4 of the California Penal Code that allows one to have any and all references to a prior criminal conviction erased from their record and their court file sealed.  If the expungement motion is successful, it is as if the conviction never happened for all purposes except law enforcement. Contact Lieber Williams & Labin to speak to an experienced expungement lawyer.

Why get an Expungement?

Applications for employment, professional licenses, citizenship, financial agreements and renting/owning property often involve a background check so that the reviewers of the application can know and consider your prior criminal history.  If you apply for any of these and have a conviction for a criminal charge on your record, you may not ever be given the chance to explain; instead, the reviewer will simply choose other candidates.  Further, if you are ever involved in legal proceedings as a party or a witness, questions will be raised about your prior criminal record. If you have convictions in your history, doubt will be cast over your testimony as a witness or, if you are a party to the case, the merits of your case will be brought into question.

One reality of today’s society is that information is available to almost anyone at any time (for example, click here), and routine background checks of current employees and potential employees have become more common. Moreover, in today’s tight job market, employers can be very picky and often use background checks to narrow down a long list of candidates.  Several years ago, a simple criminal conviction may not have hurt you, but today a criminal conviction may bar you from career opportunities, advancement, or may even cause you to lose your current job. For these reasons, perhaps the most valuable benefit of an expungement is being able to legally say “no” when asked by your employer or a potential employer if you have a criminal record.

If a judge is convinced that the expungement of a criminal record is appropriate, the court must order all official records pertaining to the case sealed and all index references to the case deleted.  If the Court issues this order, the conviction is sealed and the proceedings in the case are considered not to have occurred.

Everyone who has made positive changes in their lives has a need to move forward without constantly being haunted by their past.  Expungement of a criminal conviction is an excellent way to put the past behind you and close a chapter in your life in which you made a mistake. In this way, expungements can provide a clean slate, peace of mind, and the freedom to pursue opportunities that may be closed off to those with a criminal record.

Why spend the money to expunge my record?

Because of the frequency and availability of background checks, you may never know the price of NOT expunging your record. Instead, opportunities may just slip away that would not have if you had spend the relatively small amount of money to put your past behind you.  While most people expunge their records for employment or career-related reasons, many also opt for expungement for the feelings of closure and peace of mind that come from knowing that there is no record of their past mistake.

Will I need to appear in court?

Every case is different and different judges have different requirements regarding hearings for expungements. In many cases, however, we are able to appear on your behalf so that you will not have to appear personally for the hearing. If you are concerned about appearing because you are out of town or outside of California, please let us know so we can make the appropriate arrangements.

Who is eligible for an expungement?

You qualify if you meet all of the conditions described in section 1203.4 of the California Penal Code, including:

· The conviction you are trying to expunge is not one of the crimes precluded by law.

· You were not subject to a mandatory prison term for the conviction.  (If you were sentenced to prison time, but you were eligible for community control/probation, you would still qualify.)

· You have no current or criminal charges pending against you.

What if I was charged, but the case was dismissed or I was found not guilty?

If you were charged with a crime but the case was later dismissed or a court (or you were found not guilty at trial) you can have the records of your charges expunged and sealed.

Are my records permanently deleted if the expungement is granted?

If the expungement is granted, the information about your conviction will be invisible to all non-law enforcement individuals checking into your background, including employers, landlords, school admission committees, etc.  However, law enforcement agencies, prosecutors, the FBI and some other agencies will still have access your sealed record and, unfortunately, nothing can be done about this.  Additionally, if you are charged with another crime, your expunged crime can still be considered and used against you for sentencing purposes.

Can I have my juvenile record expunged?

Yes, depending on the charge, you may be eligible for an expungement if you had a juvenile conviction and the court determines that there has been satisfactory rehabilitation.

Can I represent myself and save money?

In California, courts are NOT required to grant expungements.  Instead, a judge can use his or her discretion based on what is presented at an expungement hearing.  Like with any court proceeding, an individual may represent themselves, but doing so greatly reduces the chances of success compared to hiring a competent, skilled lawyer with experience in filing motions and arguing them before the court.  In California, expungement requires drafting and filing of a motion (a formal legal document), which must then be filed with the court that sentenced you.  Then the prosecution and probation department will be given a chance to oppose it, which they will often do.  At the expungement hearing, the court must be persuaded that you are deserving of an expungement, and may deny it if the judge is not satisfied that you meet the qualifications or have been rehabilitated.

Hiring a Lieber Williams & Labin attorney means hiring someone highly skilled in presenting and arguing motions to Southern California courts.  Our knowledge of the law and experience in the courts combined with our aptitude for making all of it work for our clients will give you the confidence that you will get the results you desire on this important matter.

PLEASE NOTE: Lately, there has been a trend of web sites claiming to offer sealing and expungement services at Wal-Mart prices. However, only an attorney licensed in California can give you proper advice about California law. More importantly, non-attorney services cannot represent you in court for you or file a motion with the court on your behalf.  If they are not doing those things, then they are not handling the expungement proceeding properly.  And if they only advertising their price for writing the petition with the intention of having an attorney file and argue it later, then they are not fully disclosing the total cost of the process to you.  Please thoroughly research any firm/company claiming to offer the ability to seal or expunge your California criminal history record, and only hire a California-licensed attorney to handle your case for you. Before retaining a lawyer, verify they are a member in good standing with the California Bar and do not have any disciplinary history here.