Sealing
Criminal Records / Expungements
Many
people who have been convicted of a criminal charge may find that
the conviction on their record keeps them from achieving some
of their goals in life. Perhaps it is a felony offense committed
15 years ago, or a misdemeanor shoplifting offense committed at
age 18. Many criminal offenses can be expunged, or cleared from
your record, giving you a fresh start free of the stigma of your
previous criminal conviction.
You
may also view our page that is specific to clearing/sealing juvenile
criminal records .
Stephen
G. Rodriguez and his office staff understand that many individuals
who are not career criminals nevertheless have a blemish on their
criminal record. By clearing or sealing the record of the offense,
you get a clean start that lets you apply for jobs that would
involve background checks, apply for credit, and generally make
a fresh start without a criminal record. Please take a look below
at the answers to some frequently asked questions regarding clearing
criminal records.
Frequently
Asked Questions Regarding Expungements
(Clearing Criminal Records)
What Does a Criminal Record Consist of?
A criminal record is a history of all of your arrests
and convictions.
Can
a Criminal Record be Cleared, Sealed or Destroyed?
Yes, certain convictions can be cleared (or cleansed)
from one's criminal record through a legal process known as an
"Expungement." An Expungement is a process of clearing
or sealing one's criminal records. It is not a complete erasure
of the conviction but rather a clearing of the criminal record
from public view.
Why
Would You Want to "EXPUNGE" or Seal Your Criminal Record?
Having a criminal record impacts your ability to
obtain credit or to get the job you want. There are other serious
consequences of having a criminal conviction. For example, in
today's tight economy employers are doing extensive background
checks before hiring new employees. Apartment complexes often
reject tenant applications based on criminal convictions. Criminal
records can even affect your ability to obtain a professional
license.
A
potential employer or landlord can easily obtain your criminal
record or history. Law enforcement agencies, (Police and Sheriff's
departments), Court and County clerks' offices, prosecutorial
agencies (District Attorney, City Attorney, U.S. Attorney), and
the FBI maintain criminal histories. Many of these records are
now available to the general public by way of the Internet. If
your criminal record is sealed or expunged then you are legally
allowed to say that the conviction or arrest never occurred on
documents such as job applications, rental applications, or for
many other purposes. An expungement gives someone a "clean
slate", the opportunity to start fresh.
Can
all Criminal Convictions be Sealed or Expunged?
No, not all criminal convictions can be sealed.
Most misdemeanors and some felonies can be expunged. Your attorney
can give you the best advice on whether your conviction can be
expunged.
How
Does the Expungement Process Work?
After it is determined that you qualify for an
expungement, our office prepares a petition/motion. This petition/motion
is filed with the Court and a copy is sent to the appropriate
prosecutor's office. A hearing date is scheduled in Superior court.
At the hearing the Judge will consider the specific facts and
circumstances in your case. Your record will be reviewed, or checked,
to see if you have successfully completed your probation and whether
you have picked up any new arrests or criminal convictions. In
addition, the Judge will listen to the prosecutor, as well as
your attorney's arguments before deciding whether or not to grant
the expungement motion.
How
Long Will it Take to Get Your Record Sealed?
The process usually takes 2 to 4 months to complete
locally. It takes an additional 4 to 6 months to have your record
sealed with the Department of Justice (DOJ).
Seal
Criminal Records
Contact Stephen G. Rodriguez & Associates to
discuss your matter and determine whether it qualifies for an
expungement. We can assist you in sealing your criminal record
and you may not even have to make a court appearance. Please call
us toll-free at 800-788-8557 for a FREE CONSULTATION..
Contact
an Experienced Attorney to Seal Your Criminal Record
If you have any questions or would like to speak directly to an
experienced criminal attorney regarding clearing your criminal
record (expungements), please do not hesitate to call
the firm's Los Angeles, California office at 213-388-8824, for
a FREE CONSULTATION. If you prefer, you may e-mail
the firm and a lawyer will be in touch with you as soon as possible.