In California, a misdemeanor charge stays on your record for life. If you are convicted of a misdemeanor and would like it removed from your record, you can request an expungement. In this scenario, you may be eligible to have the misdemeanor expunged from your record if you meet certain criteria.
At Simmrin Law Group, we understand the difficulties that come with expunging a misdemeanor from your record. We can connect you with an experienced criminal defense lawyer who can get you up to speed on the expungement process. Our lawyer can answer common questions about how long a misdemeanor stays on your record as well.
What Is a Misdemeanor?
A misdemeanor refers to a crime that results in up to a $1,000 fine and up to one year in county jail. Examples of misdemeanor crimes include:
- Drunk driving
- Petty theft
- Driving with a suspended license
A misdemeanor is a less serious crime compared to a felony. Regardless, anyone charged with a misdemeanor should take the charge seriously. Since a misdemeanor stays on someone’s record, it can affect an individual long into the future.
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How Can a Misdemeanor Conviction Impact a Person?
If you are convicted of a misdemeanor, you can receive a fine, jail sentence, probation, and other penalties. In addition, your misdemeanor can impact your eligibility for credit, a mortgage, and other forms of financial aid. Your misdemeanor can also limit your eligibility for jobs in highly regulated industries.
Before you are convicted of a misdemeanor, you can contest any charges against you. This can be a lengthy legal process. Yet, moving forward with this process can help you avoid a misdemeanor conviction that impacts you for an extended period of time.
If you want to avoid a misdemeanor conviction, it is beneficial to hire a criminal defense lawyer. This allows you to get insights into different aspects of misdemeanors. Your attorney can help you identify the best way to get a misdemeanor charge reduced or dismissed.
What Should You Do if You Are Charged with a Misdemeanor?
Do not wait to hire a criminal defense attorney if you are charged with a misdemeanor. Your attorney can start building your legal strategy right away. Plus, your lawyer will work in lockstep with you to help you achieve your desired case result.
Your criminal defense lawyer can help you gather evidence to support your case. Also, your attorney can help you plan ahead for any hearings. Your attorney will make sure you are prepared for your trial, too.
There can be instances in which a criminal defense attorney helps an individual get a misdemeanor conviction removed from their record. In these instances, the attorney helps their client navigate the expungement process. If successful, the lawyer ensures their client’s misdemeanor conviction will no longer be a part of their record.
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What Is Expungement?
Expungement is a legal term used to describe the erasing of a misdemeanor or another conviction from a person’s record. With an expungement, an individual can request a charge be removed from their record. If a court validates this person’s request, it will take the charge off of their record.
You can apply for expungement of a misdemeanor in accordance with California Penal Code Section 1203.4. All misdemeanors are eligible for expungement except for child sex crime convictions and those relating to a crime that is currently being litigated. If you want to file a request for expungement, you can do so at any time.
A criminal defense lawyer can help you get the best result from your expungement request. Your attorney can provide sufficient evidence to explain why you should have your misdemeanor expunged. Once the court reviews your submission, it will determine whether to comply with your request.
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How Does a Court Decide if Your Misdemeanor Will Be Expunged?
A court takes each expungement request into consideration. It determines whether it is in the best interest of the court and any other parties involved in a misdemeanor to expunge a conviction. Meanwhile, it is a convicted party’s responsibility to show a court why their misdemeanor should be taken off of their record.
With help from a criminal defense attorney, you can boost your chances of getting your misdemeanor expunged. Your attorney will take a close look at your misdemeanor and look for ways to compel the court to dismiss it. At the same time, your lawyer will ask you questions and get plenty of information that can be used to present a compelling case.
When you file your petition for expungement, the court will consider all of the information you provide and decide accordingly. Your attorney can keep you up to date on whether your request was successful. If your request is approved, you can rest assured that your misdemeanor conviction will be removed from your record.
Can Multiple Misdemeanors Be Expunged from Your Record?
If you have been convicted of multiple misdemeanors, you can have each one expunged from your record. In this instance, you will need to file a separate request for the expungement of each misdemeanor. Each of your requests will be evaluated individually.
For those interested in having multiple misdemeanors expunged from their record, partnering with a criminal defense lawyer is beneficial. Your attorney can get details about your misdemeanors. From here, your lawyer can help you submit a request to have each one taken off of your record.
There is no guarantee that a court will remove all of your prior misdemeanors. With each expungement request that is approved, you can move one step closer to having a clean record. You can ensure that your misdemeanors will have little to no impact on you in the future.
How Can You Get Started on Having a Misdemeanor Removed from Your Record?
Simmrin Law Group can put you in touch with a criminal defense lawyer who knows the ins and outs of expungement. Our attorney will work diligently on your behalf to have any misdemeanors removed from your record. To learn more or request a free case evaluation, please contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form