Expungement, under California law, involves the legal process of dismissing or setting aside an individual’s final conviction after an introduction of a “guilty” or “no contest” or a finding of guilt by either a judge or jury after a full trial.Under Penal Code 1203.4, once expungement has been successfully done, an individual’s court file would be changed from the original conviction into an entry of “not guilty”.
Do note that expungements does not erase or remove the conviction, this process would help an individual be cleared in the public record. Furthermore, not all criminal convictions can be expunged from the public record. Some kinds of felonies and almost all misdemeanors can be expunged. In order to be qualified for an expungement process in California.
The following requisites must be met by an individual seeking this legal process:
- The individual must have fully complied and completed all the requisites of probation. In the absence of a penalty of probation, a time period of three hundred sixty five (365) days should have passed from the pronouncement of judgment of conviction before the expungement process can be filed.
- The individual must have fully paid all the fines and penalties set forth in the decision for conviction.
- The individual must have fully complied and completed all the penalties and orders of the court at the conviction. This may include community service hours or public service announcements to form part of the overall penalty for the convicted crime.
- The individual should not have committed new offenses from the time of the crime to be expunged or is not under probation for any other cases. Once an individual complies with all the above requisites, then one can commence expungement proceedings. Under normal circumstances, the process of expungement takes anywhere between four to six months and is done on a first come, first served basis.
This time frame though is dependent upon the records of the arresting agency, the county records where the arrest or conviction was done, the age of the case and the access to court records.
A court order would secure the grant of expungement detailing the dismissal or setting aside of your previous conviction.If you have questions about whether you qualify for an expungement in California, contact the expungement lawyers of the Law Offices of Ramiro J. Lluis for a free consultation today.