When an individual faces a criminal conviction in California, the state may allow him or her to have these charges expunged under Penal Code 1203.4. PC 1203.4 allows for the expungement of a conviction. Expungement involves removing the record of a conviction from an individual’s record.
You can work on the expungement of your criminal conviction today with the Simmrin Law Group. Contact us to learn more by calling (310) 896-2723.
Understanding Expungement in California
The state of California allows people to expunge their criminal record. However, this process is not available to everyone. Individuals can only seek expungement if they:
- Finished their probation
- Did not spend any time in prison
- Are not facing any new charges
- Are not on probation for a different charge
- Are not currently in jail or prison for a different charge
Many people are unsure about what it means to finish probation. Individuals complete their probation if they fulfill all the terms of the probation. This may involve paying fines and completing a counseling program. Individuals also have to appear at all their required court appearances in order to complete their probation.
Exceptions to Eligibility for Expungement in California
You should know that there are many exceptions to the requirements for expungement eligibility in the state of California. For example, California has “realigned” certain criminal charges with Proposition 47. Prop 47 converted certain felony charges into misdemeanors.
Individuals who committed a crime that would no longer lead to prison time under Prop 47 are eligible for expungement in California. Speak to a criminal defense lawyer in Los Angeles for more information about which charges are eligible.
Additionally, some felony charges never allow for expungement. This is true even if the accused does not serve prison time. Many of these crimes typically involve child sexual abuse. Examples of restricted charges include:
- Statutory rape
- Sodomy with a minor
- Lewd acts with a child
These are only examples of crimes that cannot be expunged. Find out more about these charges and how to fight them from the Simmrin Law Group by calling (310) 896-2723.
Steps to Receive an Expungement Under PC 1203.4
Expungements are not automatically granted in California. Instead, individuals have to make a petition to the court for an expungement. You can work with a lawyer to handle the application process. The court will then review your application.
The court may allow you to:
- Set aside a guilty or no contest plea in order to enter a plea of not guilty
- Set aside a guilty verdict if you initially pled not guilty
Your charges would then be set aside. Your lawyer can help you handle expungement proceedings here in California. For instance, the team here at the Simmrin Law Group can:
- Look over the case to see if it qualifies for expungement
- Handle all necessary research into pertinent legal codes
- File your paperwork on time
- Handle your expungement hearing
Some individuals attempt to handle an expungement on their own, but you do not have to and, in fact, we recommend you don’t. Get legal help on your side here in California today with the Simmrin Law Group.
Limitations of an Expungement in California
Expungements are valuable because they remove a criminal conviction from an individual’s record. This means that the conviction will not show up when, for example, an individual applies for a job. Expungements can also help people get driver’s licenses or deal with immigration concerns.
However, expungements do not completely erase the consequences of a conviction. For example, individuals with an expungement may still have to:
- Register as a sex offender
- Lose the ability to own or purchase firearms
- Deal with the suspension or revocation of their driver’s license
Additionally, expunged convictions are still “priorable.” This means they can still count against those who are accused of subsequent criminal acts. We are here to work with you on the possibility of an expungement in your case in Los Angeles.
Ask a Lawyer About the Expungement of Your Criminal Conviction Today
If you would like to know if you qualify for an expungement of a criminal conviction under Penal Code 1203.4, reach out to the Simmrin Law Group today. A Los Angeles criminal defense lawyer can help you handle the expungement process. Find out more today with a free consultation.
You can reach us by calling (310) 896-2723. You can also complete our online contact form.