Having a felony offense on your criminal record can be overwhelming and cause you to suffer serious impacts. As such, understanding what you can do to minimize these impacts is critical. Generally, you’ll find that expunging your record can help give you a second chance. The following blog explores who is eligible to expunge a felony from their record and what this process entails. Additionally, you’ll learn how a Sacramento criminal defense lawyer can assist you through these complicated times.
Who Is Eligible for Expungement?
Generally, in California, many low-level felony charges are eligible for expungement. However, unlike other states that completely erase or limit who can see an expunged offense on someone’s criminal record, this is not the case in California. The offense will remain on record but will be amended to include that the charge was “dismissed in the interests of justice.” However, expungement also means you do not have to disclose whether or not you have been convicted when applying for private sector jobs.
It’s important to understand that not everyone is eligible for exemption. Generally, those who served time in a California state prison, convicted of sex crimes involving children, convicted in federal court, or on probation are unable to have a felony conviction removed from their criminal records.
How Can I Expunge a Felony?
When you determine if you are eligible, it’s important to understand the process of petitioning to have a charge expunged for your record. Typically, you’ll find that the first thing you must do is file a petition to terminate probation if you are still on probation. Next, you’ll need to have your felony reduced to a misdemeanor charge. Once your felony has been reduced, you’ll need to file a petition to dismiss your misdemeanor. If you were convicted of a “wobbler” crime, meaning it can be charged as a felony or misdemeanor offense, the petition to reduce the felony to a misdemeanor is often granted.
After you file the petition, a hearing will be scheduled to discuss the circumstances of your expungement. Here the judge will consider different factors, like how the charge has impacted your ability to find and sustain employment, how involved you are in your community, the nature of the offense you want dismissed, and whether or not you face any additional charges. Depending on these circumstances, the judge will either grant or deny the expungement. If your petition is accepted, you may also want to consider sealing your records.
As you can see, this process can be quite involved. That’s why it’s in your best interest to connect with an experienced attorney to discuss your legal options if you are seeking an expungement. At the Law Offices of Dale R. Gomes, our dedicated legal team will do everything possible to assist you through these matters. Connect with us today to learn more about how we can fight for you.