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.
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:
- DUI | Vehicle Code 23152 VC
- Reckless Driving | Vehicle Code 23103 VC
- Burglary | Penal Code 459 PC
- Robbery | Penal Code 211 PC
- Battery | Penal Code 242 PC
- Assault | Penal Code 240 PC
- Resisting Arrest | Penal Code 148(a)(1) PC
- Domestic Battery | Penal Code 243(e)(1) PC
- Corporal Injury | Penal Code 273.5 PC
- Restraining Order Violation | Penal Code 273.6 PC
- Criminal Threat | Penal Code 422(a) PC
- Elder Abuse | Penal Code 368 PC
- Stalking | Penal Code 646.9 PC
- Assault with a Deadly Weapon | Penal Code 245(a)(1) PC
- Sexual Battery | Penal Code 243.4 PC
- Grand Theft | Penal Code 487(a) PC
- Petty Theft | Penal Code 484(a) PC
- Shoplifting | Penal Code 459.5 PC
- Embezzlement | Penal Code 503 PC
- Identity Theft | Penal Code 530.5 PC
- Forgery | Penal Code 470 PC
- Drug Sales | Health & Safety Code 11378 HS
- Vehicular Manslaughter | Penal Code 192(c) PC
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
Related Post-Conviction Remedies Available
- Petition for Factual Innocence
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.