Westminster Expungement Attorney
Do you suffer from a felony or misdemeanor conviction on your record from a case out of the Westminster courthouse? If so, then give the Law Offices of John D. Rogers a call today to speak with an experienced Westminster expungement attorney. Attorney John D. Rogers is an accomplished Orange County criminal defense lawyer and a board-certified criminal law specialist. Achieving certification in criminal law is only held by a small percentage of California criminal defense attorneys. Contact us today to discuss your expungement eligibility.
What is a California Expungement?
An expungement under Penal Code 1203.4 is a legal process where a defendant can petition the court to have their criminal conviction set aside and the case dismissed. The clerk of the court will transmit a copy of the expungement order to the Department of Justice. The person’s formal criminal record will be noted that the conviction was dismissed per the expungement statute. Moving forward, an individual can truthfully say that they have never been convicted of a crime on most job applications.
Are Felony and Misdemeanors Eligible for an Expungement?
In California, both felony and misdemeanor convictions may be eligible for an expungement under Penal Code 1203.4. However, the process and eligibility requirements are different for each type of conviction.
For misdemeanors, the individual must have successfully completed probation and met any other conditions of the sentence. Additionally, the individual must not be currently serving a sentence for any other crime, currently charged with any other crime, or be on probation for any other crime.
For felonies, the individual must have successfully completed probation and met any other conditions of the sentence, and also must have completed their prison sentence if any. Additionally, the individual must not be currently serving a sentence for any other crime, or currently charged with any other crime, or be on probation for any other crime.
It is important to note that not all felony or misdemeanor convictions are eligible for expungement, and it is recommended to consult with a Westminster expungement attorney to determine if a particular case is eligible. Certain crimes such as sex offenses and violent crimes are not eligible for expungement.
What is the Process to Expunge a Conviction?
The process of expungement requires filing a petition with the court along with a proposed order, and proof of service. Proper notice must be provided to the prosecuting agency. A hearing will be scheduled to allow both parties a chance to argue their respective positions. If the expungement petition is granted, the judge will sign the order and instruct the clerk to forward the order to the California Department of Justice.
What Documents Should Be Submitted with the Expungement Petition?
An expungement petition must be accompanied by a proposed order and proof of service. Sometimes it may be helpful for the petitioner to file a declaration explaining the reasons why the court should grant the request. It is always helpful for the petitioner to file character letters, accolades, and any certificates to show that they’re rehabilitated.
How Long is the Process to Expunge a Conviction in Westminster?
The process to expunge a felony or misdemeanor conviction varies depending on court operations and availability. However, the process generally takes 30 to 60 days from the date the petition is filed.
What Other Remedies Might be Available?
- Felony Reduction to a Misdemeanor
- Certificate of Rehabilitation
- Application for Governor’s Pardon
- Early Termination of Probation
- Certificate of Factual Innocence
Contact an Experienced Westminster Expungement Attorney
If you were convicted of a felony or misdemeanor crime at the Westminster Courthouse, then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation with an experienced Westminster expungement attorney. We will help you navigate through an unfamiliar system and help you move forward with your life.