Some people in California are eligible to request expungement after a criminal conviction. Generally, individuals are eligible for an expungement if they completed all the terms of their probation and did not spend time in prison.
However, there are a number of complicating factors that determine whether or not you can request an expungement.
Basic Rules for Requesting an Expungement in California
The court system allows some individuals to request an expungement of a guilty verdict after a criminal conviction. However, in order to get an expungement, individuals must:
- Not spend time in prison
- Complete all the terms of their probation
Additionally, expungement is not permitted in cases where individuals faced additional criminal charges. You cannot seek an expungement if you are:
- Currently incarcerated for another criminal act
- Charged with another crime
- On probation for a different offense
These represent the basic rules determining eligibility for file for an expungement here in Los Angeles. You can find out more about these regulations with the team at the Simmrin Law Group.
Information About Completing the Terms of Probation
Generally, you must complete your probation to be eligible for expungement in California. Many people are not sure what it means to “complete probation.” You can complete your probation successfully if you:
- Pay all fines and restitution fees ordered by the court
- Go through any required counseling programs
- Fully community service requirements
- Attend all court appearances as ordered
You will need to avoid any further criminal convictions while you are on probation in order to complete probation in California. You should know that the court system often sentences individuals to three to five years of time on probation.
Early Termination of Probation
Probation can last for years here in California. However, a criminal defense attorney in Los Angeles can take steps to end your probation early. A lawyer can request that the court terminate your probation early.
You can request expungement if your probation ends early.
Prison Time and Expungements in California
In most cases, individuals cannot seek an expungement if they served time in prison in California. However, there are exceptions to this regulation. These exceptions are tied to the “realignment” of some criminal charges due to Proposition 47.
Prop 47 changed the repercussions for some criminal acts in the state of California. Under Prop 47, some crimes that previously led to a prison sentence now lead to time in jail. If you were convicted of a crime that would currently lead to jail time, you are still eligible for expungement in California.
This applies even if you spent time in prison. A Los Angeles criminal defense lawyer can assess your criminal record and help you determine if you are eligible for an expungement.
Some Crimes Are Ineligible for Expungement
Finally, you should know that some criminal charges are never expunged in the state of California. These felony charges will remain on your record as they are. Many of these charges are tied to child sexual abuse.
For example, the court will not expunge charges for:
- Sodomy with a minor
- Lewd acts with a child
- Oral copulation with a minor
- Statutory rape
These are only examples of criminal charges that are ineligible for expungement. You cannot expunge these charges, even if you meet all the other qualifications for expungement.
Handle an Expungement with a Lawyer in California
A law firm here in Los Angeles can help if you are interested in expunging a criminal charge. In many cases, lawyers can handle all aspects of an expungement. You often do not have to even go to court if you work with a lawyer in our area.
Getting a charge expunged will officially change the “plea” entered into your criminal record. Technically, after an expungement, your record will show that you pled not guilty and that the court dismissed your charge. You can learn more about expungements by working with a lawyer, starting right now.
Find Out if You’re Eligible to File an Expungement
You are eligible to file an expungement in California if you completed your probation and did not serve time in prison, in many cases. However, there are exceptions. Get legal assistance understanding an expungement from the Simmrin Law Group.
Reach us by calling our team at (310) 997-4688 or filling out our online contact form. Get the help you want from a criminal defense lawyer in Los Angeles. We’re standing by to answer your questions today with a free consultation.