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 giving you a fresh start free of the stigma of your previous criminal conviction.

The criminal defense attorneys at Rodriguez, Lewis & Kahn understand that many individuals who are not career criminals may nevertheless have a blemish on their record. By expunging a criminal conviction 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

What Does a Criminal Record Consist of?
A criminal record is a history of all of your arrests and convictions.

Can An Arrest Record Be Sealed or Destroyed?
Yes, an arrest record can be sealed and destroyed in certain limited situations. A person that was arrested and not prosecuted for a crime may be eligible to have their records sealed and destroyed. If that person was found to be “factually innocent” according to California Penal Code 851.8 and a petition for Factual Innocence was filed within two years of the arrest then that person would be eligible to have their arrest sealed and destroyed. The legal definition of “factually innocent” is that no reasonable cause exists to believe the arrestee committed the offense.

Can My Convictions Be Sealed or Destroyed?
No, they cannot be sealed or destroyed but they can be expunged. Certain criminal convictions can be dismissed or set aside from one’s criminal record through a legal process known as an “Expungement.” An Expungement is a legal process by which a jury verdict of guilty or a guilty/no contest plea is set aside and the underlying case is dismissed. An Expungement does not erase a conviction but frees an individual from certain penalties and disabilities associated with a criminal conviction.

What Are The Requirements For An Expungement?
In California most misdemeanors and felonies are eligible for expungement under the following conditions:

• The defendant successfully completed probation
• The defendant complied with all orders of the court
• The defendant is not currently charged with a new criminal offense
• The defendant has had no contact with law enforcement.

Under California law, most felony convictions are eligible for an expungement as long as the defendant did not receive a state prison sentence.

Why Would You Want To "EXPUNGE" Your Criminal Record?
Having a criminal record impacts your ability to obtain credit or to obtain 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 expunged then you are legally allowed to say (in certain instances) that the conviction 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 Expunged?
No, not all criminal convictions can be expunged. Most misdemeanors and some felonies can be expunged. An experienced criminal defense 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 may listen to the prosecutor, as well as your attorney's arguments before deciding whether or not to grant the expungement motion.

How Long Is The Process?
The process usually takes 2 to 4 months to complete locally.

Los Angeles Expungement Attorneys

Contact Rodriguez, Lewis & Kahn to discuss your matter and determine whether you qualifiy for an expungement. We can assist you with your expungement and you may not even have to make a court appearance. Call us toll-free at 800-788-8557 for a FREE CONSULTATION.