California Expungement Lawyer
What is Expungement?
In Marin County, and throughout California, it may be possible to get a prior criminal offense, or conviction, expunged from your official criminal record. According to California Penal Code Section 1203.4, a California court is authorized, following a full hearing, to expunge certain offenses if there was no state prison time served. Whether an expungement application will be approved or denied is generally up to the judge. This is why being properly represented by an effective expungement lawyer in Marin County can make a significant impact on whether your expungement motion prevails or not.
It is important to note that getting a prior conviction expunged does not totally change your criminal record. Upon the court granting the order, then the plea of guilt or “no contest,” or the verdict (if you had a trial), will be set aside. However, an expungement does not erase a criminal conviction for “prior” purposes. Basically, this means if you were charged with a particular offense, like a DUI, then you could still be subject to enhanced penalties for a subsequent DUI charge based on your prior DUI (regardless of whether it was expunged). In addition, you will still be required to inform state licensing agencies of the conviction. You also may or may not be able to own or possess a gun.
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Why Go through the Expungement Process in California?
Going through the expungement process in California is a worthwhile endeavor, especially if a prior conviction is having an adverse impact on your life. For example, getting a prior conviction expunged or sealed can assist with securing gainful employment, securing or maintaining professional licensure, and assisting in restoring your right to vote.
How to Determine if you are Eligible for Expungement in California?
Eligibility for expungement in California depends on specific factors, including the offense for which you were convicted. For example, the viability of an expungement application varies depending on whether the offense was a misdemeanor or a felony. If you were convicted of a felony offense, an additional motion will likely need to be filed with the court to first reduce the offense to a misdemeanor, if possible. This would be followed by an expungement of the misdemeanor offense.
In addition, the original sentence imposed by the court (e.g., probation or prison sentence) could impact your expungement eligibility. There are other factors that apply, which is why it makes sense to speak with a knowledgeable expungement lawyer in Marin County.
The Expungement Process
The expungement process in Marin County may necessitate calling witnesses and compliance with California’s Code of Evidence. In addition, you will likely need to file a formal motion and may need to present legal arguments before a judge. These are some of the reasons why it is recommended to retain the services of an experienced expungement lawyer in Marin County. When you have a lawyer who knows expungement on your side, they can take some of the burden off your shoulders in filing the necessary documents and making the necessary arguments to help ensure your expungement request is reviewed and assessed properly.
Hire an Expungement Lawyer Today
If you are searching for an expungement lawyer, or need guidance about expungement in California, then contact the Law Offices of Kevin Heaney. For context, Kevin is a knowledgeable expungement lawyer in Marin County. He is also an experienced trial lawyer with more than two decades of experience helping clients, including assisting clients with expungement issues. To learn more, contact Kevin’s office today.