Expungements
The expungement of your criminal record is, in
reality, a misnomer. The term implies that one's criminal record
is being completely erased or nullified when, in actuality, "dismissal"
is a much more appropriate term.
A number of factors go into consideration before the filing of a
"Petition for Dismissal" under Penal Code Section 1203.4. The criteria
for a successful expungement include completion of all terms and
conditions of probation without further criminal or warrant activity.
In many cases, a person seeking dismissal can successfully draft
and file the petition himself with little or no need to hire an
attorney. Because of this, you will find that our offices are very
reasonable with regard to your legal fees for this task. For certain
crimes (wobblers for instance that could have resulted in either
a felony or misdemeanor conviction), additional declarations and
supporting documentation may be required and this is where you would
want the services of an attorney so that there is less likelihood
of rejection of your petition.
However, certain criminal convictions, (e.g. most sex crimes and
crimes where actual state prison time is served) cannot be expunged
under the penal code and at best; one must look to a Certificate
of Rehabilitation and ultimately, a pardon from the governor's office.
This is a process that is detail-driven and both costly and time
consuming.
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