Experienced Criminal Defense Lawyers in Sacramento Helping Individuals Clear their Criminal Records

For anyone who has been through the criminal justice system, you know that you continue to pay the consequences long after your case has finished. After serving your sentence and paying your fines, the public stigma of a criminal conviction follows you wherever you go, making it difficult to get a job or live a normal life. Even if you weren’t convicted, your arrest and any criminal charges can make your life difficult.

The Bay Area criminal defense attorneys at the Law Offices of David S. Chesley help people get free of their past so that they can build a better future. If you’re interested in how we can help you, call The Law Offices of David S. Chesley at 800-755-5174 or complete our online contact form to schedule a free consultation. 

What is Expungement?

An expungement is when your conviction is set aside and dismissed. A common misconception is that an expungement wipes your record clean or makes it as if you were never charged. The arrest and charge will remain on your record, but instead of saying “convicted,” it will say “set aside and dismissed.” While this may be disappointing, it is important for a couple of reasons:

1. An expungement can help you get a job because your criminal record will no longer reflect that you were convicted of a crime.
2. In many instances, you can legally and honestly say that you have not been convicted of a crime.

Expungement is not available to everyone, and the process can be difficult for non-lawyers to navigate. An experienced criminal defense attorney in Sacramento can give you advice on whether you qualify for expungement and help you successfully complete the process.

How is Expungement Different from Sealing or Destroying My Criminal Record?

Sealing and destroying a criminal record is a completely different process from expungement, whereby your record is destroyed and unavailable to the public. Your criminal record will no longer reflect any arrest, charges, or conviction – it is wiped totally clean. Unfortunately, this is available only in certain situations.

Can I Qualify for an Expungement?

Expungement is available to anyone who has been convicted of a felony or misdemeanor in the state of California provided that you meet the statutory requirements laid out in California Penal Code Section 1203.4:

1. You have successfully completed your probation.
2. You did not serve any time in state prison for the offense UNLESS you would have served your sentence in county jail under Proposition 47 “realignment.”

The first element – that you have successfully completed your probation – requires some further explanation. You are considered to have successfully completed probation if you have done the following:

1. Completed all terms of your probation, including payment of any fines or restitution;
2. Attended all mandatory court appearances; and
3. Did not commit any new crimes while on probation.

If you meet these requirements, you may qualify for expungement. Conversely, you do not qualify for expungement if you missed a court appearance or haven’t yet paid your fines.

The second element – that you did not serve time in state prison – is relatively straightforward. However, the exception for Proposition 47 offenses is important. If your offense would have resulted in time in county jail under Proposition 47, you may be able to qualify for expungement even though you served your sentence in state prison. A Sacramento criminal defense lawyer can help you determine whether this exception applies to you. 

People Who Do Not Qualify for Expungement

Convictions for certain crimes may not be expunged, even if you otherwise meet the requirements for expungement. Generally speaking, these are sex offenses involving children such as the following:

• Statutory rape
• Lewd acts with a child
• Sodomy with a child
• Oral sex with a child

Am I Eligible to Have My Record Sealed and Destroyed?

You are eligible to have your record sealed and destroyed if:

• Your conviction was overturned and dismissed on appeal.
• You were acquitted by a jury at trial.
• The prosecutor dismissed your charges prior to trial.
• You were arrested but never charged with a crime.
• You successfully completed a diversionary program such as drug diversion program.

If your record is sealed and destroyed, it is as if the offense never happened.

Sealing a Juvenile Record

While getting your adult record expunged or sealed isn’t available to everyone, most people can get their juvenile record sealed. However, you must meet the following criteria:

• You must be an adult.
• At least five years have passed since the conclusion of the case.
• There is no pending civil litigation related to the offenses.
• You have not been convicted of any crime involving dishonesty or immoral behavior as an adult.

If you meet these criteria, your juvenile record will be sealed for three years and then destroyed.

How the Process Works

Whether you want to have your record expunged or sealed, you will need to go before a judge on a motion to have your record sealed or expunged. There are several steps that need to be followed. For example, you will need to provide notice to the prosecution and comply with all required deadlines. Failure to follow the steps correctly could result in denial of your request to have your record sealed or expunged. Although not required, we highly recommend that you work with an attorney in getting your record expunged or sealed.

How a Sacramento Criminal Defense Attorney Can Help

An experienced criminal defense attorney in the Bay Area will know how to successfully navigate the expungement or record sealing process. They will start by analyzing your case to see whether you qualify for any relief. You should be aware that judges have discretion with regard to certain aspects of the process, and an attorney will know how to make a compelling argument to persuade the judge to rule in your favor. In addition, an attorney can also take the following steps:

• They can research the law and any pertinent cases that would apply to your case.
• They can file any necessary paperwork and make sure the proper notices are sent.
• They can attend the court hearing regarding your case and speak on your behalf.

A Sacramento criminal defense lawyer can give you a tremendous advantage and help you get the relief you need quickly and efficiently. 

Contact Us Today to Schedule a Free Case Evaluation with a Sacramento Expungement Lawyer

At The Law Offices of David S. Chesley, we believe that people are more than their criminal records and that they deserve a fresh start. Let us use our experience, skill, and knowledge to help you build a better future. If you’re ready to move past your criminal record, call us at 800-755-5174 or contact us online to schedule a free consultation with an expungement lawyer serving the Bay Area.