Posted on January 1, 2019
San Clemente Expungement Attorney
Do you have a conviction on your record you wish to expunge? Contact the Law Offices of John D. Rogers today to speak with an experienced San Clemente expungement attorney about the process and your eligibility. The consultation is absolutely free with no obligation to retain our office. We have a proven track record of successfully expunging records for our clients who unfortunately found themselves in the criminal justice system.
A division within our office is devoted to cleaning up records for those convicted of various crimes and help sanitize the social stigma of having a criminal record. Our clientele has included professional athletes, physicians, lawyers, and those holding professional licenses. We pride ourselves in making the process easy with very little effort on your part.
What is an Expungement in California?
An expungement is truly referred to as a dismissal under penal code 1203.4. Upon filing the proper petition, the court will withdraw its finding of guilt, enter a not guilty plea, and thereafter dismiss the case in accordance with the expungement statute. The order for dismissal will then be transmitted to the California Department of Justice to notate that your conviction was dismissed per 1203.4.
Process & Eligibility Requirements
The process entails filing a specific petition, proposed order, and proof of service with the court. In some cases, an affidavit is required explaining the reason(s) why the judge should grant the expungement petition. Prior to filing your petition, your conviction must be statutorily eligible for an expungement. Common crimes that can be expunged include: Driving under the influence, domestic violence, assault, battery, resisting arrest, criminal threats, theft crimes, and drug crimes. However, if you served time in state prison for your offense, you are unfortunately not eligible to obtain an expungement. Furthermore, you must be completed with your probationary term, completed all obligations of your sentence, and have no court fine or restitution balance.
Why Retain Our Office?
- Money Back Guarantee Subject to Eligibility
- We Aim to File Your Petition Within 2 Business Days
- Proven Experience & Successful History
- 24/7 Availability to Answer Questions
- Pay Online with a Credit/Debit Card
- Reasonable / Competitive Price
Other Post Conviction Remedies We Handle
- Early Termination of Probation
- Felony Reduction to Misdemeanor
- Certificate of Rehabilitation / Pardon
- Petition to Seal Arrest Records
- Petition to Vacate Murder Conviction
- Petition for Factual Innocence
Contact an Experienced San Clemente Expungement Attorney
If you’re seeking to expunge your record or obtain other forms of relief in San Clemente, then contact the Law Offices of John D. Rogers to speak with an experienced San Clemente expungement attorney. We are happy to talk with you about your options, eligibility, and the process. Give us a call for a free confidential consultation with no obligation to retain our office. There is no reason why you should not obtain this remedy if you’re eligible.
 (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.