RBX Law

Expungement

What is Expungement?

An expungement allows a defendant to tell employers that they have never been convicted of a crime (for most job applications). If granted, the Court sets aside the conviction or withdraws the guilty plea and dismisses the charges.

What Does Expungement Do to My Criminal Record?

If the Court expunged the case, your California Department of Justice (DOJ) criminal record will be altered to reflect that your case was ultimately dismissed. However, it will not “undo” or “erase” a record of conviction. You can request a copy of your criminal record on the California DOJ website.


E-Z Expungement


Cost: $750

Includes:
Court appearance (if required)
Petition for dismissal (required)

Does not include:
Court processing fee (if required)

expungement lawyer


Expungement Cannot Help With:

Certain Government Positions

You must disclose expunged convictions on applications for law enforcement or when running for public office.

Deportation

Expungement does not remove a criminal conviction for immigration purposes. However, a Padilla Motion can undo a guilty plea made by a non-citizen.

Criminal & Arrest Record

Expungement does not remove a record of arrest or change the entry of judgment from your department of justice record. It does not remove your fingerprints from law enforcement databases.

Background Check Companies

There are numerous background check companies that maintain their own criminal records. These records are based on public records collected by the the companies. An expungement has no effect on these records.


When Can I Get My Case Expunged?


One Year After Misdemeanor Or Infraction

You may expunge a misdemeanor or infraction charge one year from the date of conviction if you have complied with the sentence and obeyed all laws during that time.

Upon Fulfilling Probation Conditions

Usually, if you have satisfactorily completed the probationary period or has been discharged before its termination, you are entitled to have the guilty plea withdrawn and the accusations dismissed.

Upon Payment Of Restitution

If you were sentenced to pay restitution, you cannot expunge your criminal conviction until the balance of the restitution is paid.



Do I Need a Lawyer?

If you violated probation or have unpaid restitution or fines on your case, you will need to demonstrate to the Court that expungement is in the “interests of justice.” A lawyer can help convince the Court to expunge your case by filing a motion accompanied by declarations and supporting evidence.

RBX Law is a licensed criminal defense lawyer in California.