The good news for those with a criminal record in California is that the law allows you to clear your criminal records through expungement. Expungement entails withdrawing your plea of guilty or no contest or re-entering a plea of not guilty to have your case dismissed and your conviction record cleared by the court. This happens after you have served a sentence given for a particular offense. It releases you from all the negative consequences of a conviction. The benefits of an expungement are many, as discussed in this text. For more information and guidance with applying for expungement of your criminal record, contact a competent criminal lawyer near you.

The Need for California Expungement Law

Expungement is allowed under California Penal Code 1203.4. It offers a solution for people who continue to suffer the consequences of a conviction even after serving their sentence and reforming their lives. It gives ex-convicts a second chance in life. You can have your criminal record cleared to avoid facing the consequences of a conviction long after serving your sentence. If you have reformed your life and would like to start afresh, you can petition the court where you were convicted of having your criminal record cleared. If the court grants your request, you will no longer worry about having a damaging criminal record.

The law allows expungement for defendants convicted of either a misdemeanor or felony. But, it would be best if you met specific conditions to qualify, including:

  • Successfully completing jail term or probation for the crime.
  • You must not have served time in prison for the said offense.
  • But if you served time in jail, it must be for an offense that calls for jail time if it were committed after the implementation of Realignment Under Prop 4

After meeting all the given conditions, you can petition the court, through your criminal attorney, to have your conviction record sealed. The judge will review your application and previous criminal record to decide.

Expungement of criminal records releases you from typically all penalties and disabilities that arise out of a criminal conviction. It comes with several benefits, including finding suitable employment, which is a challenge for ex-convicts in California. We will discuss these benefits in greater detail. Expungement gives you back your life and freedom. You no longer have to think of your criminal record whenever you want to apply for a job or service. The conviction will not limit you on the benefits and freedoms you can enjoy in life.

Sadly, not everyone qualifies for expungement. Some of the people that will not be eligible include:

  •  Those currently facing criminal charges
  •  Those on probation for a criminal offense
  •  Those presently serving a sentence for a crime

Remember that you must first complete your sentence for the offense whose conviction you want to be expunged from your criminal record. If you are still on probation, you could first apply for probation termination and expungement. Your expungement request can only be granted if you have successfully completed your sentence or after the court terminates your probation.

You will also not qualify for expungement if the criminal record you want to have removed is of a particular sex crime against children. Some of these offenses include sodomy (PC 286), lewd acts with a minor (PC 288), oral copulation with a minor (PC 287(c)), and statutory rape (PC 261.5(d)).

Partner with a competent criminal lawyer for a successful application for expungement. You could obtain relief for your offenses through a certificate of rehabilitation, a governor's pardon, or even though commutation of your prison sentence. A qualified criminal lawyer will help you through the process to ensure that your application is a success. Then you can enjoy all the benefits that come with expungement.

The Benefits of an Expungement

Having a conviction record can impact several aspects of your life, including your social and career life. People can easily find your criminal record and will likely treat you according to their findings. People with a dark past are not easily trusted. Thus, you could miss several opportunities in life due to your criminal history. But that doesn't mean that you are still into crime. Some people change their lives entirely after serving their sentence. They deserve a fresh start in life, which comes with expungement. Here are some of the benefits you can enjoy after the expungement of your criminal record:

You Can Find Suitable Employment

The most crucial benefit of expungement for most people is finding suitable employment. A job will enable you to cater to your financial needs. Then, you will not depend on others or result in crimes for a living. The most significant frustration most ex-convicts face is in finding suitable employment. Employers are skeptical of hiring anyone with a criminal record. They do so to protect themselves, their businesses, and clients from a potential criminal. However, that could be frustrating, especially if you have already learned your lesson and have changed from the life of crime.

Most employers today conduct a background check on potential employees before hiring. The law also requires you to disclose your criminal record to a potential employer if necessary for the application. A background check will give your potential employer all the information they need to make an informed decision, including the records of your arrests, convictions, and probation/sentence status. You will also be asked about your criminal record during job interviews. It becomes a challenge to find a good job when you already have a criminal record.

The most significant benefit of expungement is that you will no longer have to disclose your criminal background to a potential employer. You can answer with a 'no' if asked whether you have been arrested or convicted before. Additionally, employers cannot consider your expunged criminal record when deciding whether to give you a job. It is a crime for an employer to turn down for job application due to your criminal background. Thus it improves your chances of obtaining suitable employment.

California Code of Regulations does not allow employers to obtain details of a potential employee's expunged criminal records. Thus, you can easily find a job after serving your sentence if you have the required qualifications.

It Becomes Easier to Find a Place to live.

A criminal record limits you in so many ways. For instance, it could pose a challenge when seeking a place to live. You cannot live in specific neighborhoods if you have a criminal record. Residents will not feel safe, and so landlords will not be willing to rent or lease to you.

Like potential employers, landlords conduct a background check before allowing anyone into their premises. You are likely to be judged harshly if you have a criminal history. Some landlords charge a higher rent to discourage ex-convicts from renting or leasing their properties. Others will deny your applications altogether.

But that is bound to change if you apply for expungement. Your criminal record will not be publicly available. Thus, a potential landlord will not know about your arrest and conviction unless you tell them. Landlords are also likely to treat you fairly if they realize that you underwent the expungement process after successfully serving your sentence.

You Can Obtain a State License

It is challenging to obtain a professional license in California with a damaging criminal record. You will not practice a career you have trained for and even acquired extensive experience. As previously mentioned, a conviction affects your career life. After serving a sentence, many people become jobless, not because they do not have skills and experience but because their criminal record has impacted their professional credibility.

Expungement gives you back the ability to practice your career once again to earn a decent living. After a criminal conviction, apply for expungement and then a professional license if you have professional skills. Applying for expungement first will improve your chance of obtaining the permit.

But, you must disclose the conviction if required during the application process. Most licensing agencies will ask about your criminal background and even conduct a background check on license applicants before issuing them with professional licenses. If the application requires you to disclose your criminal background, you must provide the information. It is very common with applications for public offices.

But, licensing agencies are likely to give you a professional license if you have successfully served your sentence and your criminal record has been expunged. The issuing office will consider your case more favorably. Your efforts to complete your jail term and/or probation and then go through the expungement process show your willingness to start afresh in life. It could indicate that your criminal life is in the past, and you are willing to leave it behind for a more honest life.

You Can Easily Join a Professional Organization

Professional organizations are an excellent way for new professionals to network with veterans in the same industry, find jobs and seek opportunities to grow their careers. It is the dream of all professionals to belong to their respective organizations, where they can exchange ideas, learn and find help in case of a problem. However, it is a challenge for ex-convicts to join professional organizations.

Professional organization leaders conduct a thorough background check on applicants before allowing them into these organizations. Your application will likely be dismissed if you have a criminal background or are serving a sentence at the time. If your arrest comes after joining a professional organization, you cannot hold a position.

Not being able to enjoy your right as a fully-trained and experienced professional is a challenge most people face after a criminal conviction. The stigma is too much and could make it hard for you to perform in your respective job. Some people even lose their professional licenses, affecting their status in professional organizations.

Expungement is the only way to join a professional organization after a criminal conviction. While the organization will still see the conviction after conducting a background check, they can review your case favorably because of your effort to have the criminal record expunged. An expungement will also restore the lost glory after a conviction while you are still a member of a professional organization. It makes it possible to hold a position in the organization after a criminal conviction.

Bring a full member of a professional organization comes with great benefits you shouldn't overlook if you are a trained professional with a criminal background. It gives you access to resources you can only dream of when working outside the organization. It also enables you to grow your career within a short period. Starting the expungement process could be the only thing holding you back from these and more benefits.

It Makes You A Credible Witness in a Court Proceeding

It comes a time when your account is needed in court to help the judge make a fair judgment. Most people will be more than willing to help with that to avoid a mistake in judgment that could leave an innocent person behind bars or give an undeserving person their freedom. However, your testimony will not be admissible in court if you have a criminal background.

Credibility is necessary when the prosecutor or the defense team calls witnesses on the witness stand. A person with a criminal background is not considered credible enough to become a witness in a court proceeding regardless of the strength of their testimony. It is frustrating if your truthful account of what happened during the commission of a crime is dismissed because of a mistake of the past. For instance, if you have a criminal background and come forth as a witness against a defendant in a particular case, the defense team can use your criminal background to dismiss your account, citing untrustworthiness.

But, expungement enables you to stand in court and give your testimony without anyone impeaching your credibility as a court witness. If you have a criminal record, the prosecutor or defense team can use it against you when you stand as a court witness. But the law does not permit them to do so after the conviction record has been expunged.

Expungement will, specifically, help you if you are suing someone or are facing a civil lawsuit. If your account is a critical testimony of what happened and could help the judge determine the case's outcome, it will be admitted in court if a criminal court has already expunged your criminal records.

It Gives You Great Personal Satisfaction

No one enjoys living a criminal life. Some people fall into crime by chance, while others are forced by life circumstanc. Most people who have gone through the criminal justice system would not wish to go through the same again. It is an experience that leaves you scarred for life.

Having a criminal record is extremely hard. Everyone treats you as a suspect, even after taking the necessary steps to redeem your life. You are constantly reminded of your dark past, especially since you have a criminal record. As discussed above, it becomes hard to obtain essential services like employment and professional licenses.

Expungement gives you great relief after years of dealing with a damaging criminal record. It gives you a great sense of satisfaction, mainly because you do not have to live with the consequences of your conviction moving forward. While the process does not typically erase your dark past, it redeems you from a past mistake and brings closure to that frustrating chapter in your life.

It feels great to know that you will no longer worry about a conviction every time you apply for employment or a professional license. It gives you peace of mind to know that people will treat you for who you currently are and not based on your past.

You Can Obtain a Loan

Difficulties obtaining a loan is another common challenge ex-convicts face in California. A loan could give you some financial security as you start afresh after a criminal conviction. But loan lenders are always cautious when lending money to people they suspect will not pay back their loans. Most loan lenders blacklist people with criminal records. Some lenders will reject your loan application outright, while others will charge you a higher interest rate.

That could change after expungement. Your ability to obtain a loan at a fair term is not affected after expungement. You can easily find the financial assistance you need to start a new crime-free life.

Find a Competent Criminal Lawyer Near Me

Is your criminal record affecting several aspects of your life? It is time to think of expungement and the benefits you will likely enjoy after the process. Expungement leaves you with an almost-clean criminal background that will not affect your social and professional lives. It will make it easy to access some of the services you could not access with a damaging criminal record, including employment and other social services. For more information and help with expungement in San Jose, contact the California Criminal Lawyer Group at 408-622-0204. Let us review your situation for quality legal advice and assistance.