| How long does expungement take? Expungement of a misdemeanor or felony takes 8 to 10 weeks. How do I obtain my criminal record? Information on obtaining your criminal record can be found on the www.TheExpungementAttorney.com LiveScan Page. If you are a client, we will work with the courts to obtain any records they have. Will I need to go to court? No. We go for you. What will show-up when someone does a background check? What will show-up when someone does a background check? The conviction will not appear under any circumstances because the court will have undone the conviction by withdrawing the finding of guilt and dismissing the case. If the someone does your standard commercial background check that looks for convictions only, no record will not appear. If they look for all court cases, there is small chance a record of a dismissed court case with no finding of guilt may be found. If someone requires you to submit fingerprints (LiveScan) and provide a copy of your CA Dept of Justice report, it will show no conviction or finding of guilt, but it was dismissed and there is no conviction or finding of guilt. Will Expungement Remove A Strike for Purposes of California’s Three Strikes Law? No. “Expunged… convictions could be considered “strikes” for purposes of the three strikes law.” People v. Diaz (App. 2 Dist. 1996) 49 Cal.Rptr.2d 252, 41 Cal.App.4th 1424, However, having a conviction reduced to a misdemeanor prior to expungement can reduce the severity of a future sentence should you be convicted again. Will this clear my DMV record? Expungement does not clear your DMV record. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never disappears. Do I ever have to disclose it? The only time you have to disclose the conviction is in three narrow circumstances. (1) If contracting with the CA State Lottery Commission. (2) When applying for public office (mayor, congressman, etc.) (3) When applying for a state license. Will this help with immigration? It can still be viewed and considered when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings. Can I clear a federal conviction? You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases. Can I become a schoolteacher, nurse, or other occupation? You can truthfully say you were not convicted to any question for employment. In most circumstances, California law (Labor Code section 432.7) prevents employers from asking an applicant to disclose arrests that did not lead to convictions or where a diversion program was completed. The only time you have to disclose the conviction is in three narrow circumstances. (1) If contracting with the CA State Lottery Commission. (2) When applying for public office (mayor, congressman, etc.) (3) When applying for a state license. Having your record expunged will greatly increase your chances. Do I need to hire an attorney? You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record. Can it be done faster? The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed. If your conviction is in Orange County or Sacramento, there is a faster process that we can complete. There is an additional charge of $250 for that service. How long does it take for the records to be updated? The court updates the court records within 48 hours and the CA Department of Justice has up to 30 days to update their records. However, the Department of Justice typically update their records before the 30 days expire. What are the details of the guarantee? If we are unable to succeed on your case, we give you your money back, except for the fees paid to the court (normally $60 to $120). There is a partial refund if the client does anything to become ineligible after beginning the process or there is a probation violation. Do you have payment plans? We can create a payment plan that meets your needs. We typically spread payments into equal amounts over 60 days, but in some instances, we can spread them out further.What if I don’t know exactly what is on my records? We will be glad to work with you to get a copy of your record and to review what can be done. We charge $100 to do it and we apply that to the cost of any service that you hire us to perform. What is the main reason for expungements to be denied? If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society (4) violating probation (5) not paying fines. Can I reduce my felony to a misdemeanor? You are eligible to have your felony conviction reduced if you were not sentenced to prison and the charge is eligible under the statute. In order to tell if the charge is eligible, you will have to know the exact code section. Will it relieve me of the requirement to register? Expungement will not relieve you of the requirement. You will have obtain a certification of rehabilitation to be relieved of the requirement. How do the agencies know it was granted? The court forwards the judge signed order onto the Department of Justice to update their records. All agencies and background companies get their information from the court or DOJ. After it is expunged, can I have the record sealed? In order to have a case sealed, you can’t be convicted of the charge and you must prove you were factually innocent. Please see section on record sealing. Can I visit Canada after this? If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have access to whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check or for entrance into Canada. At a minimum, this will show the Canadian government that the matter was resolved and no longer considered a conviction. In some cases, it will take in entirely out of the view of Canadian immigration officials. Either way, clearing your record improve the odds of not being denied entry to Canada or being stuck at the border for lengthy and embarrassing interrogation. Can I get a Sentri Pass after the case is expunged? The Border Patrol has discretion in granting or denying Sentri passes. The only thing we can say for sure is that expungement will help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court. Can I vote after this? You never lose the right to vote unless you are in prison or on parole for a felony. You can view information about voting rights at http://www.sos.ca.gov/elections/elections_vr.htm What if my case is denied? If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee. Will this restore my right to possess a firearm? No. The two most common reasons for a person to lose their right to own or possess a firearm in CA are (1) being convicted of a felony or (2) being convicted of domestic violence. (1) If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemeanor, which will restore your right to own a firearm. (2) If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California for which expungement does not affect. There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than CA’s definition, so your domestic violence conviction might not trigger the federal law. Expungement in CA does not lift the federal prohibition. * The following offenses cannot be expunged: Vehicle Code Section 42001(b); the following sex offenses: Penal Code Section 261.5(d)(must be reduced to misdemeanor), 286(c), 288, 288a(c), 288.5 and 289(j) ** $550 in the following courts: Alameda – (All except Hayward), Butte, Humboldt, Kern, Monterey, Placer, Sacramento, San Diego (El Cajon Court (East)), San Francisco, Santa Barbara (Santa Maria Court), Santa Clara and Stanislaus. $750 for misdemeanors in Solano and Imperial. *»» See written guarantee details for important limitations and exceptions. |