Southern California Defense Blog

Having a clean criminal record is important to you for several reasons. You may be seeking gainful employment or a prestigious career; or perhaps you are a college student on a career path to becoming a professional.

A criminal record will be an obstacle to achieving these life goals. For example, some employers conduct a background check to make sure that you have a clean record before they hire you. If you are an aspiring lawyer, a criminal record may put your moral character application into question. A criminal record can also prevent you from obtaining other state licenses, such as a contractor’s license or a real estate license. Having a criminal record can also be embarrassing for your personal life.

An expungement allows you to wipe your record clean. The Wallin & Klarich criminal expungement attorneys can assist you with an expungement by petitioning the court to permit you to withdraw your guilty plea, or vacate your felony or misdemeanor conviction. If the court grants your petition, your criminal charges will be dismissed. The court will grant you this dismissal upon the completion of certain requirements.

How to Qualify for an Expungement of your Criminal Record

You may qualify for an expungement whether you are convicted of a felony or misdemeanor. However, you will not be eligible for an expungement if you served a sentence in state prison.

If you are on probation as a result of your conviction, you must complete your probationary period to qualify for an expungement. You must also:

• Pay all fines and restitution;

• Make all necessary court appearances;

• Not commit any new crimes; and

• Comply with other conditions of probation imposed by the court, which may include participation in community service and counseling.

If you are on probation, your expungement attorney may seek early termination of probation under PC 1203.3 (link). The judge may in that instance grant early termination and dismissal of charges at the same time.

California Expungement Attorney

The law firm of Wallin & Klarich has been successfully representing our clients seeking criminal record expungements for over 30 years. We have the knowledge and experience to help you successfully petition for an expungement and move on with your life.

Upon retaining Wallin & Klarich, we will immediately collect information about your prior conviction(s). This thorough investigation can include seeking your criminal record information from the California Department of Justice to make sure that we account for all of your convictions.

With this extensive information about your prior conviction, we will tailor the most effective strategy to present your case to the court in the best light with the goal of having the court grant your expungement. We will represent you at all necessary court appearances. If you are on probation, we will also provide you with guidance on how to successfully terminate your probation at the earliest possible time.

For your convenience, our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

What is an expungement?

Under California Penal Code section 1203.4, a person who was convicted for a crime and satisfied all terms of probation may petition a court to have their criminal conviction expunged. An expungement will allow you to withdraw your previous guilty plea and the judge will set aside your conviction and dismiss your case. In other words, the effect of an expungement will erase the criminal conviction from your record.(for most purposes)

Any person who did not serve a state prison term may be eligible for an expungement. Whether you are convicted of a felony or a misdemeanor, you are eligible for an expungement.

What is the importance of an expungement?

Most people are law abiding citizens. However, due to one bad decision these people may make a mistake, get arrested, and be convicted for a crime. If you have been convicted for a crime, an expungement is an important step towards cleaning up your criminal record and moving on with your life. An expungement is one possible way to clear your record of a criminal conviction.

Why do I need an attorney as oppose to filing my own expungement?

Filing for an expungement is more complicated than it looks. In order to start the process of seeking an expungement, you will need to file a Petition for Dismissal. The local county court will provide forms for individuals to fill out and submit to the court. Unfortunately, these forms are not made to be easily understood by someone without legal training.

Furthermore, the local county court will require you to pay a filing fee of $120. Having an experienced attorney file an expungement is very important since it would help you avoid any mistakes made by a person who does not know the laws surrounding expungements. This will save you the trouble of having to re-file your petition if you make a mistake and avoid having to pay the $120 filing fee again.

Also, an attorney will help you determine if you qualify for an expungement based on your criminal conviction and whether you completed all of the terms of your probation. Most importantly, an attorney can draft a strong legal brief explaining all the reasons why you deserve an expungement. In other words, the attorney can draft a more detailed legal document to provide more convincing reasons for a Judge to consider in deciding whether to grant your expungement. That way, the attorney can personalize your story to the Judge and the Judge can make a more informed decision.

If my case has been expunged, what can I legally say on my job application?

Following the granting of an expungement, if a potential employer asks if you have ever been convicted of a crime, you can say with confidence, “no.” On the other hand, if you are applying for a state or federal government job, you may have to legally acknowledge that you were convicted of a crime, but the conviction has since been expunged.

Having a criminal conviction on your record can make it extremely difficult for you to get a job. At Wallin & Klarich, we have over 30 years of experience successfully helping our clients get their criminal convictions expunged. If you have a criminal conviction on your record, one of our Expungement attorneys may be able to help you get that conviction expunged so that you can move forward without the burden of a criminal conviction on your record. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, Torrance, West Covina, and Sherman Oaks.

Call us today at (888) 280-6839. We will be there when you call.

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.

A new law will take effect on January 1, 2011 that will grant individuals the opportunity to expunge their record for certain infractions. Although an infraction is a less serious crime than a misdemeanor, it is a blemish on your criminal record that may have a negative effect on your educational or employment opportunities. The new law provides a chance for defendants convicted of any infraction (except motor vehicle infractions) to seek to have the charge dismissed and for the accused to be released from all penalties and disabilities resulting from their offense.

If you were previously convicted for an infraction, you may be eligible under Penal Code § 1203.4a to file a petition to have your record expunged. If you or a loved one is in need of cleaning up your record, it is important that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our Southern California expungement attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are aggressive and have extensive knowledge of the law. Our attorneys are committed to helping those who find themselves in theses situations. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Having been convicted in the past of a crime can be very difficult to overcome. Having a criminal record can make if difficult to get a job. It is a burden that no one wants to carry around. With the help of an attorney, you may be able to clean your record in Southern California.

There is a process called an expungement to modify your prior convictions. An expungement is a legal process that petitions the court to review the conviction, set aside the conviction and dismiss the case. Before submitting the expungement, you must take into account that the following has been satisfied by the court:

• You have completed the term of probation on your conviction.


• All fines and restitutions have been paid.


• All court programs have been completed.


• No new convictions are pending.

Continue reading "What is an Expungement? California Penal Code 1203.4" »

When your past interferes with your future, you might need an experienced San Diego criminal defense lawyer to assist you in cleaning up your record. Because a criminal record is a public record any one can view, several people can see your case file and view what happened in your criminal case. However, if an attorney assisted you through the process of obtaining an expungement under California Penal Code Section 1203.4, then they could provide some relief for you and your family.

An expungement is the process whereby the court will dismiss the conviction against you. First, you can withdraw your plea of guilty, or the judge can set aside a guilty verdict. Next, you will enter a plea of not guilty. Finally, the court can dismiss the case against you.

Sounds Great! However, the case can still be found by anyone looking at your file, as it does not erase or wipe away the conviction. Any conviction you received will still remain on your record and this process does not absolve your criminal conduct.

Continue reading "Have a Criminal Past and Looking for a Job?" »

Many people are wrongfully arrested by law enforcement. Often the police officer makes an “honest mistake” or the police officer may arrest a person wrongfully due to a faulty identification by a witness. In other cases, the police officer may arrest someone without probable cause in an attempt to harass or obtain information from a person. Whatever the reason for the arrest, after the charges are dismissed the person may face serious negative consequences due to his wrongful arrest.

In some cases a person may not even realize that he was not accepted to a college or university or program due to this arrest. In other cases, a person may be turned down for an employment opportunity if the prospective employer finds out about the wrongful arrest. Fortunately California law allows for what is referred to as a Petition for Factual Innocence. If the courts grant a petition, all records of the arrest must be sealed and destroyed. This means that nobody can legally find information about the wrongful arrest.

Continue reading "Petition for Factual Innocence Can Help Those Wrongfully Accused" »

Employers face many decisions when deciding who to hire for a job. Undoubtedly one of these considerations is whether or not the prospective employee has had a criminal history. Currently many job applications ask criminal history questions. However across the United States, many big cities are starting to eliminate these types of questions.

These changes have been implemented in an effort to prevent those convicted of a crime from being excluded from the workforce. Currently the new hiring policy only applies to public employment. However, even in cities where these questions have been eliminated, criminal background checks in the later hiring stages still exist. Having your record sealed or expunged remains another option for those who want their criminal history concealed.

Continue reading "Some Big Cities Eliminate Criminal History Questions from Job Applications" »

Mel Gibson’s 2006 misdemeanor conviction for driving under the influence of alcohol never happened. At least according to his criminal record. Los Angeles County Superior Court Judge Lawrence J. Mira granted Actor Mel Gibson’s request to have his criminal record expunged.

As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. As terms of his probation, Gibson agreed to attend Alcoholics Anonymous meetings, pay $1,300 in fines, and perform in public service announcements.

California laws allow an individual convicted of a criminal offense, to have their record expunged, or in other words erased. There are a number of eligibility requirements that must be fulfilled before the court will grant an expungement.

Continue reading "Mel Gibson Does His Best to Forget His 2006 Conviction for Drunk Driving" »

In todays world, employers are doing background checks on perspective employees looking for criminal records. It is more important then ever to make sure your record is as clean as possible.

Many doors of opportunity may close if you do not clean up your criminal record.

Continue reading "Clean Your Record" »

Recent unemployment numbers out of California show the unemployment rate at 12 percent. Experts predict that the unemployment rate nationally will top 10 percent. In today’s competitive job market, the difference between being hired or passed over for a position often comes down to minor factors. One of these potential factors can be past criminal convictions.

An employer may pass over a candidate who has a criminal conviction, in favor of one with a clean criminal record. However, those with a criminal conviction should not let their criminal record hold them back from gaining employment. California laws allow an individual convicted of a criminal offense, to have their record expunged, or in other words erased. There are a number of eligibility requirements that must be fulfilled before the court will grant an expungement.

Continue reading "In Tough Economic Times, an Expungement of a Criminal Conviction Can Help" »

Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence.

California Penal Code Section 851.8 provides for a Petition for Factual Innocence (PFI). A judge who grants a PFI will order that all arrest and prosecution records to be sealed. Once the records are sealed, the seal will last for three years from the date of the arrest, at which time all records are destroyed. The destruction of records includes the PFI itself along with arrest records.

Whether a Petition for Factual Innocence is granted varies depending on a number of issues. Further, a petition must conform to certain statutorily mandated time restrictions. Hiring a criminal defense attorney in California is the most reliable way to ensure all procedures are handled correctly.

Continue reading "California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted" »

Insight from an Experienced Criminal Defense Attorney

Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any crime, a background check will still reveal your arrest. In an abysmal economy, this kind of black mark on your record can make an already difficult job search even more so.

However, there is a way to have your arrest record completely destroyed. The California Penal Code provides that any person whose arrest did not result in a conviction may petition for a finding of factual innocence (PFI) under Section 851.8. This is a process by which a petitioner may prove to the court that he or she is actually innocent. A successful PFI can provide something that a jury cannot: an acquittal at trial merely means the person is not guilty beyond a reasonable doubt, but does not prove that the person is in fact innocent. A PFI does exactly that.

The result of a granted PFI is that all arrest and prosecution records are sealed, and then destroyed. In effect, this will completely wipe your record of that arrest clean. The law states that “the arrest will be deemed to have not occurred and the person may answer accordingly any question relating to its occurrence.” Cleaning up your criminal record can be of enormous importance when filling out job applications.

Continue reading "How to Have Your Arrest Record Destroyed" »

Lessons From a Criminal Defense Lawyer

It is possible for an officer to unintentionally or unlawfully arrest a person? If an officer arrests a person without sufficient probable cause, this is often referred to as a "false arrest." The consequences of an improper arrest can include suppression of any testimonial statements by the suspect, suppression of physical evidence, and personal liability for the officer.

In addition, a factual innocence motion can be drafted in an effort to clear the tarnish of an arrest on your criminal record. If you feel that you were unlawfully arrested or that you are factually innocent, contact the skilled CA criminal defense lawyers from Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com.

If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check “yes” on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed out of trouble since then, it is actually relatively easy to have that record “expunged.”

It is important to understand what an expungement in California entails. Most importantly, after a motion for expungement under CA Penal Code 1203.4 is granted, you may legally check “no” when asked by private employers if you have ever been convicted of a crime. When a criminal conviction is expunged, the law no longer considers you as having been convicted of the offense.

However, it is also important to realize what an expungement does not do. It does not relieve you of your duty to disclose the conviction when you are applying with government employers or government licensing applications. In that situation you may state “Yes – conviction dismissed.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of the crime.

In addition, a California expungement does not erase the conviction for several other purposes. An expunged criminal conviction can still be used to increase your punishment in future criminal cases. If your conviction prevented you from owning a gun, possessing a driver’s license, or holding a public office, an expungement will not re-instate those privileges.

Continue reading "What it Means to “Expunge” a Criminal Record" »