Expungement

Newport Beach Expungement Attorney

Expunging a criminal record is a division of the Law Offices of John D. Rogers exclusively dedicated and emphasized to expungements in California. This is includes both felonies and or misdemeanor offenses where in most instances clients do not need to attend court. Contact us today to schedule a meeting with an experienced Newport Beach expungement attorney.

A prior arrest or conviction or a criminal charge can be more than an embarrassment but also have adverse effects on your personal and professional life. It can prevent you from obtaining a job, credit, a bank loan, renting an apartment, or being accepted to certain schools and colleges. The social stigma attached to a criminal record can be devastating and sometimes is an isolated instance in your life. The general public and potential employers have access to your arrest and court file. Fortunately, for many people in this situation, a remedy does exist.

Expungement

What Is An Expungement In California?

In California, Penal Code 1203.4 permits a person convicted of a crime and sentenced to probation or not, upon proper motion, permit them to withdraw their guilty or no contest plea, or finding of guilt, and enter a plea of not guilty. Thereupon, the court will set aside the plea and dismiss the case.

This means that if you are petitioning for a dismissal, the court, upon proper motion, may withdraw your guilty or no contest plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are no longer considered convicted of the offense. Your record will be amended and a notion will be displayed as dismissed pursuant to PC 1203.4. The granting of the Petition to Dismiss shows that you fully complied with all the Courts orders and the Court determined you were eligible for relief under Penal Code section 1203.4 or 1203.4(a).

Contrary to popular belief, your criminal conviction (e.g., DUI, Assault, Battery, Domestic Violence) does not automatically expunge on its own. Instead, your conviction will remain on your record until your petition is granted under PC 1203.4. It requires a specific filing of a petition and granting of the expungement/dismissal petition submitted ex parte. It is important that you take affirmative action as your criminal conviction will appear on your record for decades. Once your petition is granted, you can confidently in many circumstances say “no” regarding any direct question relating to a conviction. Furthermore, once your petition is granted, you are released from all liabilities of your offense, and you will no longer be considered to be convicted of a crime by the state of California.

What Are The Eligibility Requirements To Expunge A Criminal Record?

In order to be eligible to expunge your criminal conviction, your conviction cannot have resulted in you serving a state prison sentence. However, if your conviction resulted in probation and/or time in the county jail, you are eligible to expunge your record. Among that requirement, you must also:

Not be serving a sentence for any offense

Not be on probation or parole for any offense

There are no charges currently pending

Paid all fines, fees, and/or restitution

What Are The Benefits Of Expunging A Criminal Record In California?

You may become eligible for student/bank loans

You may become eligible for numerous professional licenses

Truthfully answer “No” to any conviction on a private job application

Private employers cannot hold your previous conviction against you

You cannot be impeached in court as a witness in a court of law

Peace of mind knowing you’ve done everything to put the past behind you

Crimes We Expunge in Newport Beach, California

Our Newport Beach expungement lawyers petition to expunge both felony and misdemeanor cases. Among many more, below is a list of convictions we petition to dismiss:

What Crimes Are Not Eligible For An Expungement?

A person is ineligible to obtain an expungement if they suffered a state prison sentence. Instead, they should seek a certificate of rehabilitation and or application for governor’s pardon. Additionally, even if you were not sentenced to state prison, certain convictions list below prohibit someone from ever expunging their record

Statutory Rape | Penal Code 261.5(d) PC
Sodomy | Penal Code 286(c) PC
Oral Copulation | Penal Code 287 PC
Lewd Acts with a Minor | Penal Code 288(a) PC
Continuous Sexual Abuse | Penal Code 288.5 PC
Forcible Penetration with a Foreign Object | Penal Code 289 PC
Distribution of Child Pornography | Penal Code 311.1 /.2 PC
Sexual Exploitation of a Minor | Penal Code 311.3 PC
Possession of Child Pornography | Penal Code 311.11 PC
Failure to Stop for Inspection | Vehicle Code 42002.1 VC
Vehicle Code 42001(b) VC
Felony Reckless Evading | Vehicle Code 2800 VC
Vehicle Code 2801 and 2803 VC

Expunging Your Record Will NOT

Stop you from registering as a sex offender

Preclude the conviction from being a priorable offense

Relieve you from disclosing to government agencies

Relieve you from disclosing if running for public office

Relieve you from disclosing to the state lottery

Restore your right to own or possess a firearm

Free Newport Beach Expungement Attorney Consultation

It is important that you take legal steps necessary to expunge your criminal record with an attorney who has success in this area. If you are interested in getting your criminal record expunged, contact an experienced Newport Beach expungement attorney at the Law Offices of John D. Rogers for a free confidential consultation.