Having a criminal record expunged means a court orders the dismissal of a past conviction, removing it from most public records and background checks while still allowing certain law enforcement and government agencies to access it.
So, what does it mean to have a criminal record expunged? Expunging a criminal record has clear benefits in California. You can take steps to get your record expunged by working with our Los Angeles criminal defense lawyers. We can review your case to see if an expungement is right for you.
Understanding Criminal Record Expungement
In California, expungement is a legal process that allows certain individuals with criminal convictions to have their case dismissed after completing their sentence and meeting specific requirements.
When a record is expunged, the court reopens the case, withdraws the guilty or no-contest plea, and replaces it with a dismissal, effectively showing the charge as dismissed rather than as a conviction.
This does not completely erase the record, as law enforcement and some government agencies can still access it. However, it can remove the conviction from public background checks, making it easier to find employment, secure housing, or obtain professional licenses.
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Benefits of Criminal Record Expungement
Expungement in California can open doors that were once closed due to a past criminal offense. By going through the criminal expungement process, you can reduce the impact of a conviction on your everyday life, from job opportunities to housing and professional licensing.
While the justice system ensures that certain criminal justice and law enforcement agencies still have access for public safety reasons, an expungement order removes the conviction from most public records, giving you a clearer path toward a fresh start.
Improved Employment Opportunities
One of the most significant benefits of the criminal expungement process is that it can help you pass background checks conducted by private employers, public employers, and background check companies.
Once a court order for expungement is granted, most employers will no longer see the criminal offense on your public record, making it easier to secure jobs that require a clean criminal history or even a security clearance.
Better Housing and Rental Prospects
A criminal record can limit your ability to rent a home or apartment, as landlords often rely on background checks through the state or national criminal record systems.
By completing the expungement process, the dismissed case is no longer visible on most public records, increasing your chances of being approved for housing.
Professional Licensing Opportunities
Certain professions, such as law, healthcare, and finance, require a professional license, which can be denied or revoked due to a past criminal offense. With an expungement order in place, licensing boards may view your record more favorably, as the criminal proceeding is officially dismissed in the eyes of the state courts.
Reduction of Social Stigma
Expungement proceedings help remove the public visibility of a criminal offense, reducing the social stigma that comes with having a criminal history.
While law enforcement agencies and the California Department of Justice can still access the record, the general public, background check companies, and even some public officials will no longer see the conviction.
Increased Privacy and Public Safety Balance
Although police departments, law enforcement, and criminal justice agencies can still review the case for public safety reasons, the expungement process removes the conviction from most public-facing sources.
These sources may include public record databases and even some searchable social media background check tools. This allows individuals to move forward without unnecessary public exposure while maintaining the integrity of the criminal justice system.
Eligibility for an Expungement in Los Angeles
Expungement can benefit many people in the state of California. However, you should know that not everyone is eligible to get their charges expunged. You can seek an expungement if:
- You completed all the terms of your probation.
- You did not spend time in prison.
- You are not facing current charges for a different crime.
- You are not on probation or incarcerated for a different crime.
Completing the terms of your probation can involve paying fines, completing community service, and attending any court-ordered programs.
Be aware that the court system allows some people to seek an expungement, even after spending time in prison. Find out more by contacting a criminal defense attorney in Los Angeles now.
Expungement Changes Your Criminal Record in California
Having your criminal record expunged in Los Angeles has several meanings. First and foremost, getting an expungement will change your record. Officially, the court will adjust your record to show that you pleaded not guilty and that your charges were dismissed.
However, an expungement does not completely wipe a charge from your criminal record. Evidence that you were charged will remain, and there are a number of effects that are not reversed by an expungement.
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Benefits of Getting an Expungement in Los Angeles
There are several benefits associated with getting your record expunged in California. However, you should know that it does not completely erase a criminal record.
You can take steps to get your criminal record expunged in Los Angeles. If the court agrees to expunge your record, it can help you in several ways. For example, potential employers cannot use an expunged conviction against you.
In fact, you can legally tell an employer you were not convicted if your charges were expunged. Additionally, securing an expungement:
- Makes it easier for you to acquire many professional licenses
- Helps you get a membership to some organizations
- Improves your credibility if you are called as a witness in a court case
A Second Chance at a Fresh Start
Having an arrest or conviction expunged from your record can have a significant impact on your life. Once the expungement process is complete, you are not legally required to disclose the incident in most situations.
This can be incredibly beneficial when applying for jobs, housing, or other opportunities that require a background check. It essentially gives individuals a fresh start and allows them to move forward without the stigma of their past mistakes following them.
However, it’s important to note that there are also situations where you may still be expected to disclose an expungement. Despite this limitation, an expungement can still provide peace of mind and help you move on.
Limitations of an Expungement in California
Expungements in Los Angeles do not completely erase all of the effects of a criminal offense. Before seeking an expungement, you should know that this process will not:
- Reinstate your driving privileges if you had a license suspension
- Give you back the right to own firearms if you were convicted of a felony
- Allow you to avoid registering as a sex offender
The results of a criminal conviction remain even after an expungement. However, the court does not hand down these penalties in all criminal cases. You may only lose your driving privileges if you were convicted of driving under the influence (DUI), for example.
Additionally, expunged charges still count against you if you face subsequent criminal charges in Los Angeles. This is important in two main situations: DUI charges and California’s three strike law.
DUI Charges
DUIs in California are considered “priorable.” This means that each time you get convicted of a DUI in a 10-year period, the penalties grow higher. You face higher fines, a longer period of incarceration, and harsher license restrictions with each conviction.
An expungement does not help with this.
California’s Three-Strike Law
California considers some felonies to be “strikes.” These felonies are usually violent crimes. Each strike you get will result in a harsher prison sentence. Individuals with three strikes can face life in prison. An expungement does not remove a strike from a record.
Will an Expungement Completely Clear My Criminal Record?
While getting your record expunged can put a barrier between you and potential employers or landlords, it is important to remember that the information is not completely erased. In most cases, the record will still exist but will be sealed from public view.
This means that while the general public may not have access to it, certain entities, such as law enforcement agencies, judges, and prosecutors, can still see the information if necessary.
Even though your record is expunged, there are certain circumstances in which it may be unsealed. For example, when applying for specific jobs or licenses that require background checks, the entity may request that the court open your expunged record for review.
Ask a Criminal Defense Lawyer What It Means to Get Your Record Expunged in California
So, what does it mean to have a criminal record expunged? Having your record expunged means that your record will show that the criminal charge you faced was dismissed. This can help you as you seek employment and with other aspects of your life.
Simmrin Law Group’s criminal defense attorneys in Los Angeles can help you with the expungement process. We have decades of experience fighting for clients. We’re ready to protect you, too. Call us 24/7 to schedule a free consultation and visit our FAQ page to learn more.
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