RECORD EXPUNGEMENT / CLEARING IN SAN DIEGO
In San Diego County, the expungement process starts by filing a petition for dismissal with the court. If the petition is granted, the court docket will reflect that your case has been dismissed in accordance with Penal Code 1203.4, or that your guilty verdict has been set aside. Whether you entered into a plea bargain deal, or you convicted during a jury trial, you likely qualify to have your case re-opened and expunged. California Penal Code 1203.4 is the primary statute that governs expungement law in San Diego and throughout California. Once your petition is granted, it will not state that you were guilty of the offense on your record. Rather, it will state that your case has been dismissed. As such, you will be able to honestly state on an employment application that you were not guilty, or convicted, of the offense. Additionally, a record of the conviction will not appear on most criminal background checks.
Generally, if you meet the following conditions, you are eligible to file for expungement under PC 1203.4:
- Your case occurred in a California State Court (not Federal Court);
- You did not have to serve time in state prison as a result of your sentence;
- The terms of your probation have all been successfully completed (fines, fees, classes, etc.;
- You do not have any other cases for which you are currently on probation; and
- You do not have any other cases that are still open.
IMAGINE THE OPPORTUNITIES YOU WOULD HAVE IF YOU HAD NO CONVICTION ON YOUR RECORD… TAKE THE FIRST STEP IN PUTTING THE PAST BEHIND YOU FOR GOOD. CONTACT THE SAN DIEGO RECORD EXPUNGEMENT ATTORNEY LAW FIRM TODAY
- Open yourself up to a number of career opportunities;
- Give yourself a greater chance of being granted naturalization;
- Become a more attractive applicant to colleges, universities, and graduate schools;
- Dream Act
DON’T ALLOW BACKGROUND CHECKING COMPANIES TO ACCESS YOUR RECORD.
MANY OF OUR CLIENTS HAVE MULTIPLE CONVICTIONS AND ARE STILL ELIGIBLE TO HAVE THEIR CASES EXPUNGED. MANY OF OUR CLIENTS ARE EVEN STILL ON PROBATION AND ABLE TO HAVE THEIR CASES EXPUNGED.
The experienced attorneys at the Record Expungement Attorney Law Firm will file separate petitions for each case on your record. Every petition must be filed in the court in which the case was heard, and separate filings must be made for multiple cases within the same court. Essentially, each case you want expunged, must be handled separately, and each will have its own court date. Nevertheless, at the Record Expungement Attorney Law Firm, we always offer a significant discount for handling multiple expungements.
- At the Record Expungement Attorney Law Firm, you will have 24/7 access to your case file via our secure practice management software. You will get live updates just by logging in.
- We will take care of all of the preparation, including drafting the necessary paperwork, filing it with the court, and personally serving the prosecution.
- If the prosecution raises any objection, we will be prepared to respond at the court hearing.
- We will handle the court hearing from start to finish, and in most cases, you will not have to appear.
- Typically, the entire process will take a couple of months. This will be somewhat dependent on the court’s calendar, and the complexity of your case.
WHAT RECORDS WILL SHOW ON A SAN DIEGO COUNTY BACKGROUND CHECK?
This is a very common question, but the answer can be quite complex. This is because there are different types of background checks with varying levels of complexity. Some conduct nationwide searches, while others look more closely into local records in your immediate surrounding area. Often times, the type of job you are applying to, or the agency performing the background check, can provide a good indication of the level of sophistication.
Determining what will be revealed on your background check isn’t always easy. Contact one of our attorneys who can provide you with some general guidance, if you have any specific questions.
As noted above, each case is unique. However, the common scenarios outlined below can provide some basic insight into what to expect to see on your background check.
Non-Convictions less than seven years old. These are: cases that were rejected by the DAs Office, or that did not lead to formal charges; cases that filed in the court, but were then dismissed at some point during the case; cases that filed in court, but led to acquittals at trial; cases that filed in court, but were resolved through some alternative means such as Diversion or DEJ.
Non-Convictions that occurred within the last seven years, will be reflected on the majority of background checks.
“Non-Convictions” that occurred longer than seven years ago.
These types of non-convictions will typically not be reflected on background checks.
Guilty pleas and/or convictions. Typically, these will be reported forever. As such, getting your conviction or guilty plea expunged can make a huge difference on a background check. At the Record Expungement Attorney Law Firm, we will provide you with a free consultation to determine your expungement eligibility.
“Non-Convictions that later become Convictions”. Sometimes, the court will give you an opportunity to avoid a conviction, but it later leads to a conviction because of non-compliance. For example, if you were eligible for a DEJ or Diversion program, but you did not complete the court ordered requirements, you will be convicted of the underlying offense. Just like a normal conviction, these will be reflected on your background check.
“Expunged and/or Sealed Records”. If your record has been sealed or expunged prior to your background check, the conviction should not appear on your background check.
SAN DIEGO COUNTY EXPUNGEMENT – RELEVANT STATUTES
- PC 1203.4 – This is the statute that governs expungement law. Under PC 1203.4 you may petition the court that heard your case to reopen and dismiss your case. Doing so will erase the conviction from your record and replace it with a dismissal. In order to be eligible, you should have completed with the terms of your probation, and not have any open cases.
- PC 12303.3 – Although you must be completed with the terms of your probation in order for your case to be expunged, you may be eligible to have your probation terminated early. In many cases, if you have served more than half of your probationary period, the court will be willing to terminate your probation early. Consult with one of our attorneys to determine if your probation can be terminated under PC 1203.3.
- PC 17(b) – 17(b) may allow your felony conviction to be reduced to reflect a misdemeanor conviction on your record. Certain crimes, known as wobbler offenses, can be filed as either felonies or misdemeanors. The prosecution will decide how the case will be filed depending on the circumstances and severity of the case. If you were convicted of a felony, and the crime you were convicted of is a wobbler, you can petition the court to reduce your conviction to a misdemeanor. This can be done at the same time you file for expungement, and there are a number of benefits to having your conviction reduced prior to expunging it.
- Senate Bill 393 / PC 851.8 – This law governs the sealing of your arrest record. Many times, people are arrested even though they did not actually commit a crime. After an arrest, some cases are rejected by the DAs office, and many cases do not end up leading to criminal convictions. If you were arrested, but your case never filed, you may be eligible to have your arrest record sealed. Likewise, if you were acquitted, or found not guilty, you can petition the court to have your arrest record sealed.
- PC 4852.01 – Sometimes, the best way to clear your record is to obtain a Certificate of Rehabilitation. For example, if you served time in state prison, and are not eligible for an expungement, you may still be eligible for a certificate of rehabilitation. Obtaining a certificate of rehabilitation looks favorable on background checks, and can even restore many of the rights that were taken away because of your conviction.
- AB 2582 – Prior to 2011 it was difficult to expunge infraction from your record. This bill, however, made it so that many more infractions were eligible for expungement.
- W&I 781, 1882, & 707(b) – If you have a criminal record from when you were a minor, these are the applicable statutes for clearing your record.
- PC 2010.1 and California Prop 36 – This law allowed for several drug offenses to be punishable by treatment or probation, rather than incarceration.
- PC 1000 – PC 1000 is a diversion program often available for first time drug offenses. If PC 1000 is completed successfully, the case will be dismissed. While you cannot expunge your record after completion of PC 1000, it is advisable to have your arrest record sealed.
THE BENEFITS OF AN EXPUNGEMENT IN SAN DIEGO COUNTY
Expunging your record under PC 1203.4 comes with a number of benefits. A few of the more common benefits include:
- Assistance with obtaining and applying for jobs;
- Assistance with obtaining a professional license;
- Assistance with being admitted to various organizations;
- Assistance with applying to schools and universities; and
- General peace of mind.
JOB APPLICATIONS / CAREER ADVANCEMENT
Difficulty finding, or advancing, employment is probably the most common reason our clients are seeking to expunge their record. Because of so many recent advancements in technology, it is common practice for almost all employers to conduct some type of background check. More often than not, these checks will reveal arrests, warrants, and/or convictions. Additionally, many employment applications will specifically ask questions in regard to criminal convictions.
Even if you were charged with and convicted of a crime, you can legally state that you have not been convicted, if the conviction was expunged from your record. Additionally, the employer is prevented from using your crime as they evaluate your application.
PROFESSIONAL & STATE LICENSES
We work with many clients who have, or are pursuing, jobs that require professional licenses. Often times, expunging your record can mean the difference in obtaining or not obtaining the license. It always looks more favorable that you took the necessary steps to clear your record.
Many professional organizations also perform background checks, even if they do not require a professional license. An expungement under PC 1203.4 will allow you to honestly state that you were not convicted of a crime.
UNIVERSITIES AND COLLEGES
Nearly all admission applications contain questions regarding the applicant’s criminal history. In nearly all cases, you won’t be required to disclose a conviction that was expunged.
PEACE OF MIND
Finally, a PC 1203.4 expungement will help bring closure to your case. Even though the case was concluded, your conviction will follow you in a number of different ways. Having a criminal record can bring a great deal of stress, and cause hurdles in various areas of your life. Don't’ wait until you are applying for a new job to start preparing for an expungement. It is always best to expunge your record as soon as you become eligible.
CONTACT THE RECORD EXPUNGEMENT ATTORNEY LAW FIRM TODAY TO SCHEDULE YOUR FREE CONSULTATION. DON’T SPEND ANOTHER DAY LETTING YOUR CRIMINAL RECORD HOLD YOU BACK. CALL 619-577-4081.
If you or someone you know is being held back by a criminal conviction record, contact our office today. There are a number of options to have your record cleared. Whether you are looking for an expungement, early termination of probation, felony reduction, or arrest record sealing, our office is ready to assist. We will handle your case from start to finish at one competitive flat rate fee. Call 619-577-4081 today.