Expungement Attorneys in San Luis Obispo, CA
It is common for some offenders to experience difficulty integrating themselves into society after having served their sentence. Common obstacles they go through include difficulty in gaining employment due to background checks and getting licenses. Criminals who have turned their lives around live the rest of it haunted and followed by the shadow of their past.
Luckily enough, expungement exists. Expungement is the act of erasing or completely obliterating a criminal record. Once expungement happens, the court is ordered to treat the conviction as though it never even happened. Expungement involves clearing an offender’s criminal and public record, helping them better integrate themselves into society.
Expungement can easily sound like forgiveness, but take note that it isn’t quite simple. There is a whole legal process involved before a crime can be expunged. From filing petitions to court arguments and appearances to granting dismissals, expungement is all but an uncomplicated task, which is why enlisting the help of a San Luis Obispo expungement attorney is a must.
It’s never too late for a fresh new start, but with every reward comes certain challenges. Face these challenges head on with the help of San Luis Obispo expungement attorneys. Expungement attorneys can help you with the legal processes involved in expungement, offer legal representation by fighting for your rights in court to ensure that you get the best possible outcome.
What is Expungement?
Expungement or sealing an adult criminal record is the process of erasing or sealing offenses or crimes. In expungement, the criminal record will be erased or hidden from the public and the offender needn’t disclose it to employers or landlords. Expungement is different from a legal pardon. Pardons are granted by public officials while judges and courts decide on expungement.
All expungements take place in court with juvenile records comprising the most commonly expunged cases. There are also certain offenses, usually on the more serious side, that aren’t eligible for expungement such as kidnapping, murder, and rape.
As mentioned, expungement involves record sealing which, while not available to the public, will still be available to law enforcement. If you are seeking for expungement petitioning, seek legal assistance from expungement attorneys in San Luis Obispo who can help you with your case.
How Do I Qualify for Expungement?
Not all crimes are eligible for expungement. Likewise, expungement isn’t granted to just about anyone. When seeking a fresh start, it is important that offenders look deeper into the expungement procedures. Its complex nature might not be for everyone to understand, which is why enlisting the help of expungement attorneys is a great advantage.
That said, here are the certain qualifications one must meet in order to be expunged:
- Offense Nature– Expungement depends on the nature of the offense. Most juvenile crimes are expunged, but it also depends on the jurisdiction. Some might expunge arrests and misdemeanors, while others don’t expunge driving under the influence.
- Sentence Nature– Criminals can only become eligible for expungement after they finish their sentences.
- Consequences– While the main definition of expungement is the erasure of offense records, it still is available for police departments and certain licensing boards.
What is the Expungement Process?
Expungement processes vary from state to state. In the case of California law, the California Penal Code Section 1203.4 indicates that offenders who have completed their sentencing and are no longer under probation become eligible to have their case erased. Even if there has been an infraction of the law but there has been no sentencing, the expungement eligibility still remains.
Though it is often said that attorneys aren’t necessary for the expungement process, it is still a great advantage to have San Luis Obispo expungement attorneys by your side. An expungement attorney can file the expungement petition and fight on behalf of you in court in order to give you a new lease in life.
What is A Certificate of Actual Innocence?
A Certificate of Actual Innocence is the most potent type of expungement since this document proves that the record never existed at all. It is the highest form of criminal record expungement since it conceals the record and reiterates that the person was innocent and the arrest shouldn’t have occured.
Again, not just anyone can obtain a Certificate of Actual Innocence. This certificate is given only to those who were arrested for crimes they didn’t commit and for those whose charges were dropped. If an individual has been arrested and found guilty of the crime, expungement is possible but they won’t be granted the certificate.
What Crimes Can Be Expunged?
In most cases, drug crimes and juvenile offenses are a lot easier to expunge as opposed to more serious crimes such as murder, kidnapping, and rape. Individuals with drug offenses can partake in diversion programs which can lead to an expungement following satisfactory compliance to the program. Juvenile offenses, on the other hand, can easily have their records expunged and they can take this option once they’ve reached 18 and have since then stayed on the right path.
If you are in need of assistance with expungement for drug-related crimes or are a juvenile who is eligible to have their criminal record erased, get in touch with expungement attorneys in San Luis Obispo to get started with turning your life around immediately.
What are the Options for Clearing My Record?
If you wish to have your criminal record cleared in order to gain employment, rent a home, or fully integrate yourself into society once more, know that there are options you can take. Among them are:
- Reduction of felonies to misdemeanors
- Filing a motion of early termination of probation
- Obtaining a certificate of rehabilitation if you have been incarcerated at a state prison
- Sealing a record for an arrest without conviction
- Certain felonies qualify for expungement under California Proposition 47. These felonies can be converted into misdemeanors should you fail to qualify for expungement relief.
Can Other People See My Records?
Arrest records are mostly visible to the public. Sealed records however, aren’t viewable to the public since most states allow expunged offenders’ records to be sealed. Law enforcement offices still have access to criminal records, it just isn’t readily available for employers, landlords, and license offices, making it easier for expunged individuals to merge with society once more.
Seek Legal Advice from Expungement Attorneys
Have you been arrested but not convicted? Is your criminal record from your youth hurting your chances of gaining employment and becoming a productive member of society? Have you just recently completed a drug rehabilitation program in light of your drug-related offenses? If all these sound like you, get in touch with a San Luis Obispo expungement attorney at 805 Law Group right now. Nothing beats having seasoned expungement attorneys by your side to advocate for your case and help you take your life back.