If you have a criminal record in San Diego County, expungement can be a helpful tool in getting relief from those past convictions.  Whether you are seeking expungement of your crimnal record for job purposes or other reasons, we will be happy to discuss this option with you.

What is an expungement?

Expungement is the term attributed to post-conviction relief granted under California Penal Code Section 1203.4.   Under this Code section the court will permit a person to withdraw their guilty plea (or set aside the verdict if convicted at trial) if certain requirements are met. The court will then dismiss the charges against him/her.  After the motion is granted, a person is released from all penalties and disabilities resulting from the offense for which he/she was convicted with certain exceptions.

Who is eligible?

Generally, anyone convicted of a crime that has not gone to prison may be eligible.   Also, an applicant for relief must not currently be serving probation on the case, either because they were discharged or fulfilled all the conditions of probation for the entire period of probation.

Furthermore, whether relief is granted depends on the following:

1. The person applying must not currently be serving a sentence for any offense; and
2. He or she must not be on probation for any offense; and
3. He or she must not currently be charged with the commission of any offense.

While these are the general requirements for eligibility for relief under 1203.4, there are many exceptions where the court will grant relief in the interest of justice.  Every case is different, and therefore it is always a good idea to talk to an attorney for legal advice.

If you have questions regarding Expungement of a Criminal Record, please feel free to give our Offices a call.  We offer a free initial confidential consultation.