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Expungements

What are expungements?

A conviction does not automatically wash off your record after a certain period of time. You have to expunge your conviction in order for it to be off of your record. Everyone deserve a fresh start after a conviction. California Penal Code 1203.4 allows for a previously convicted person to re-open their case, set aside their guilty plea, and dismiss the case. Your criminal background will no longer indicate a “conviction,” but will reflect a “dismissal” of your case. Having a clean record may greatly enhance your prospects in today’s tough economy.

An expungement is what it sounds like: it is similar to a “delete” button. The law provides that

[Petitioner shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided… (Penal Code section 1203.4)

In other words, it is a legal process whereby one’s “guilty” plea is changed and your case will now be “dismissed.”

 

 

How can an expunging my record help me?

With the economy in the state that it is in, people are finding that it is harder and harder to find jobs. Employers are conducting more rigorous background checks. This means that if two people of similar qualifications are competing for a job, and one has a criminal record while the other doesn’t, chances are the one without a criminal record is getting the job. Expunging your record allows you to truthfully tell an employer “No, I have never had a conviction”

 

 

How to go about getting an expungement (for Misdemeanors)

In order for you to get an expungement, you must meet all of the qualifications below:

  • You have successfully completed probation;
  • All of your fines, restitution and reimbursement ordered by the court has been paid;
  • You are not on probation for another offense;
  • You have no new pending cases.

If you meet all of these qualifications, please contact us so that we can help you move on with your life and expunge your criminal record.

 

 

How to go about getting an expungement (for Infractions)

In order for you to get an expungement, you must meet all of the qualifications below:

  • Fully complied with and performed the sentence of the court,
  • You are not currently sering a sentence for any offense or or probation, and
  • You have no new pending cases.

If you meet all of these qualifications, please contact us so that we can help you move on with your life and expunge your criminal record.

 

 

What if you are still on probation?

If you are still on probation, our office can still help you! We will petition the court to first terminate your probation early, then petition for the expungement. This can be done simultaneously so that you do not waste any time.  California Penal Code 1203.3 PC allows a judge to terminate a defendant’s probation ahead of schedule. This is up to the judge’s discretion and can only be done upon a written motion. If the judge grants an early termination of probation, the court will often expunge the criminal record and the person will no longer be on probation.

Benefits of an Early Termination of Probation

One of the first benefits of terminating probation is that a person will no longer be under the court’s supervision.

Additionally, one of the benefits that comes with terminating probation early is that a person’s record will be expunged. With the economy in the state that it is in, people are finding that it is harder and harder to find jobs. Employers are conducting more rigorous background checks. This means that if two people of similar qualifications are competing for a job, and one has a criminal record while the other doesn’t, chances are the one without a criminal record is getting the job. Expunging your record allows you to truthfully tell an employer “No, I have never had a conviction”

 

 

Why Choose Us?

  • All motions prepared by an experienced attorney
  • Free consultation and evaluation of case by our attorneys
  • Motions will be filed with the court and prosecuting agency
  • We will pay all the court cost
  • We will pay the filing fees
  • We will attend the required court hearings
  • We will argue your case
  • We will keep you updated on your case
  • We will personally handle the matter so that you don’t have to take time out of your busy schedule!

 

 

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San Diego, CA 92108
Phone: (619) 363-1776
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Website: http://www.pagewong.com
Email: lisa@pagewong.com

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Page and Wong, APC