Los Angeles County Criminal Lawyer Blog

When a person is convicted of a crime, he or she is often in fear that the presence of a criminal record can mar their reputation and hurt their chances of gainful employment for the rest of his or her life. This is not always the case, as an expungement will result in a set aside and dismissal of a criminal conviction.

Those convicted of crimes, both misdemeanor and felony, have the potential to have their convictions expunged from their record after fulfilling a set of requirements. Under California Penal Code 1203.4 and 1203.4(a) if the conviction did not result in a prison sentence, they can petition the court to allow them to effectively withdraw their guilty plea, set aside the conviction and, dismiss the charge after successfully completing probation or being discharged from probation pursuant to a successful motion for early termination of probation. It is important to keep in mind that even if your conviction is expunged, if the original conviction carried a firearms ban or registration requirement those restrictions and requirements will remain in effect after a successful petition for expungement. In addition, if an application for public office or state licensure specifically inquires as to whether you have suffered any convictions, you still must disclose convictions even if they have been expunged.

An expungement for a misdemeanor conviction that did not result in probation can be sought after one year from the time of conviction as long as the petitioner is not on probation for any other case and has no new criminal cases pending. As for juvenile crimes in California, when charged and convicted as a misdemeanor and sometimes as felonies, one's record can also be sealed and the conviction deemed not to have occurred if probation is completed successfully. These types of cases fall under Welfare and Institutions Code Section 654, 725, and 790. When a crime results in a sentence in state prison, those convicted can petition for a Certificate of Rehabilitation from the California Department of Corrections and Rehabilitations after serving their sentence.

While not all crimes can be expunged, most can be. Expungements can help a person not only move on in life from past convictions, expungemnts can also help get his or her life back on track after suffering the penalties for their crime. A Santa Clarita expungement attorney at The Law Offices of Daniel E. Kann will successfully petition for an expungement and aid clients in moving forward with life after a criminal conviction. For more information, contact our offices today at (888) 744-7730.

If this question is on your mind, you're not alone. Many people who really want a fresh start often wonder about how they can clear their criminal record after being convicted of a crime. According to the Judicial Council of California, a person may file a petition for expungement if they were convicted of a:

• misdemeanor and successfully completed probation;


• misdemeanor and never received probation;


• felony and successfully completed probation and/or county jail sentence; and,


• felony and never received probation but was sentenced to county jail.

In addition, a person cannot have any other cases pending if they wish to clear their criminal record.

The California Penal Code Sections that govern the area of probation include California Penal Code Section 1203.3 and California Penal Code Section 1203.4.

It is important to realize though that based on the above circumstances, a different expungement petition may be necessary as well as other steps such as filing a petition to have your conviction reduced or dismissed. Different crimes require different expungement procedures. However, the basic steps for getting your criminal record expunged involve going to the court that convicted you and asking the clerk's office for the appropriate forms and procedures for expungement. After the proper paperwork and petitions are filed, a judge will ultimately decide whether to reduce your conviction from a felony to a misdemeanor or a misdemeanor to a dismissal.

To ensure that this intricate process goes as smoothly as possible and results in success, it may be in your best interest to contact a lawyer with experience handling expungements. At the Law Offices of Daniel Kann, Ventura expungement attorney Daniel Kann has the legal resources and skills to help you accomplish your goal of having a clean record. Call 805-290-4932 for a confidential and no-cost consultation to find out more about your legal rights and options.