Need help finding a good expungement lawyer? The Law Office of Russell Brown is here to help.
What is Expungement?
An expungement allows a defendant to tell employers that they have never been convicted of a crime (for most job applications).
If expungement is granted, the Court sets aside the conviction or withdraws the guilty plea and dismisses the charges.
What Does Expungement Do to My Criminal Record?
If the Court grants expungement, your California Department of Justice (DOJ) criminal record will be altered to reflect that your case was dismissed by expungement. However, an expungement does not “undo” or “erase” a record of conviction. You can request a copy of your criminal record on the California DOJ website.
Court appearance (required)
Petition for dismissal (required)
$57 processing fee (required)
Expungement Cannot Help With:
Certain Government Positions
You must disclose expunged convictions on applications for law enforcement or when running for public office.
Expungement does not remove a criminal conviction for immigration purposes. However, a Padilla Motion can undo a guilty plea made by a non-citizen.
Criminal & Arrest Record
Expungement does not remove a record of arrest or change the entry of judgment from your department of justice record. It does not remove your fingerprints from law enforcement databases.
When Can I Get My Case Expunged?
One Year After Misdemeanor Or Infraction
You may expunge a misdemeanor or infraction charge one year from the date of conviction if you have complied with the sentence and obeyed all laws during that time.
Upon Fulfilling Probation Conditions
Usually, if you have satisfactorily completed the probationary period or has been discharged before its termination, you are entitled to have the guilty plea expunged and the accusations dismissed.
Upon Payment Of Restitution
If you were sentenced to pay restitution, you cannot expunge your criminal conviction until the balance of the restitution is paid.
Do I Need an Expungement Lawyer?
If you violated probation or have unpaid restitution or fines on your case, you will need to demonstrate to the Court that expungement is in the “interests of justice.” An expungement lawyer can help convince the Court to grant your expungement by filing a motion accompanied by declarations and supporting evidence.