California Criminal Record Expungement
Clearing your criminal record in CA can be easy if you have the right forms, case numbers, dates and other pertinent information of your case. Once you have this information, you can save yourself a lot of money and time - and best of all you will not have to hire an expensive attorney.
But first, what will expunging your record do for you and why is it important to clear your criminal record?
Expungement of a criminal conviction is an excellent way to close a chapter on a past mistake. Expungement allows a person to move forward with their life, without the baggage of a prior conviction, or having to disclose a criminal record. Expungement provides freedom, peace of mind, and a clean slate.
Expungement of criminal convictions is the process that changes your plea from guilty or no contest to a not guilty plea. Expungement of a criminal case has many benefits, chiefly the ability to deny a conviction when asked by a potential employer.
What is the process?
Expungement begins by determining which type of relief is appropriate. The law will vary from state to state, so it is critical that you consult with a lawyer that knows the expungement law in your jurisdiction.
The type of expungement that will apply in your case will depend upon whether you were a juvenile or an adult at the time of the conviction; whether the conviction was for a misdemeanor or a felony; and whether you were placed on probation or went to state prison as part of your punishment.
Expungement will usually require a lawyer to draft a motion (a formal legal document asking the court to take a particular action). The expungement motion will be filed with the court that sentenced you, and will also have to be served on the prosecutor and, in some cases, the probation department.
To get an Order of Expungement, the court must be convinced that you have led an honest and upright life, and the interests of justice would be served by granting the request.
Here's how to get started Clearing (Expunging) A California Criminal Record
What Were The Details Of Your Conviction? In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details you will need to know in order to accomplish your goals:
o Your Case Number(s) [Sometimes called docket number.]
o Your Date(s) of Conviction(s) [The date of your plea or verdict.]
o The Code Name(s) and Section Number(s) you were convicted of violating.
o Was there a "Verdict" or did you "Enter a Plea"? If you Entered a Plea, was it "Guilty" or "No Contender" (No Contest)?
o Were you ordered to serve any time on "Probation"? If so, how long? [Formal and informal probation are treated the same.]
o Were you ordered to pay any "Fines," "Restitution," or "Reimbursement"?
o If you were sentenced to state prison, which one?
o If you were sentenced to state prison, what date were you released?
o If you were released on "Parole," what date did your parole end?
Get a Copy of Your Criminal Records Information. Your criminal records information can be obtained from a variety of sources. Below is a list of the sources most commonly used.
1.Your court papers received at the time of conviction.
2.Your attorney, parole officer, probation officer, or contacts within the courts or law enforcement community.
3.The Superior Court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of your order(s) of judgment.
4.The California State Department of Justice, Criminal Records Division. They will have your criminal records information for the entire State of California.
DISCLAIMER: THE CONTENT IN THIS ARTICLE IS MERELY INFORMATION AND NOT LEGAL ADVICE. ONLY A QUALIFIED ATTORNEY CAN GIVE LEGAL ADVICE.
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