California Law on Expungement
Let’s face it – if you have been convicted of a crime in California, your prospects for employment are significantly diminished. That pair of shoes you shoplifted twenty years ago could haunt you every day. Until recent years, however, prospective employers and others were unlikely to obtain this information unless it was offered. Unexplained gaps in verifiable employment would likely have been the only tell-tale sign. The Information Age has changed all that, but there may be a way out.
The advent of the Internet has led to an unprecedented gathering of information about criminal convictions. For just a few dollars anyone can obtain information about any offenses you may have had in the past. However, attorneys at Wallin & Klarich may be able to help. California Penal Code 1203.4 allows for expungement of certain crimes from an individual’s record.
In a nutshell, expungement is a process by which a petition is made to the court to review your conviction, set aside the conviction, and dismiss the case. To qualify, you must meet certain criteria:
• You must have successfully completed any probation associated with your conviction.
• You must have paid all fines and restitution.
• You must have completed court programs that were assigned. You cannot be “about to finish” that Anger Management class.
• You cannot currently be on probation for any criminal offense.
• You must not have been sent to California state prison for the conviction.
A person is also ineligible for expungement if he has a conviction for certain sex crimes involving minors, including PC 286(c), 288, 288a9c), and 261.5(d).
Provided none of the exclusions detailed above apply to you, you should be able to have your record expunged. The most significant benefit is that, while records may still show that you were arrested, an employer is not allowed to use this information in deciding to hire you. Section 432.7 of the Labor Code prohibits an employer from even asking about information regarding the arrest if you were not convicted.
If you were previously convicted of a crime, and believe you qualify to have it expunged based on the criteria above, you owe it to yourself to hire a competent firm to handle your situation. The attorneys at Wallin & Klarich have over 30 years of experience in handling matters such as yours. Call us today to begin the process of cleaning up your record at (888) 280-6839.