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.

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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.

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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.

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Testimonials

Here’s what clients had to say about Kevin Heaney’s work
Kevin did an amazing job. He turned a nightmare into a really manageable situation. Without going into detail, I was facing some complications due to my record that would have made for a lengthy and grand problem. He was able to get it mitigated and really came away amazing, compared to where we started. Worth every penny and more. I feel that the work he did was more than commensurate for what he charged me. I will use him in the future and I would recommend him to family and friends.
Amazing honest and efficient lawyer! Kevin knows the ins and outs of the criminal system. He is the definitely the guy to have on your side. I won’t go into the details of the case, but my brother got involve in a domestic violent situation and we needed a good Marin lawyer that wouldn’t charge an arm and a leg to take his case. I was referred to Kevin by a friend of mine. I noticed on the initial phone consultation that he really wanted to help. We were able to work out a very reasonable price for the handling of the case, so we hired him. Kevin worked hard since day one, and he got my bro a very good deal with the DA. Our family is thankful to have hired him.
I contacted Kevin when I needed legal representation in a case which I felt required a high level of client service and representation. He was always right there for me when I needed him, whether it was showing up early for hearings, to the individualized attention I received at the courthouse, and having private meetings in his office anytime, as often as needed without any rescheduling. Kevin approached my case with care and made me feel comfortable as he took the time to thoroughly review my case history, explain my options to me, and was readily available and responsive when I had questions or just needed to talk to him. He treated my case with genuine care and attention it deserved and my case results certainly reflected his strong personal and professional attributes. I wouldn’t hesitate to contact Kevin again if the need arises.
I received the best possible outcome by giving my case to Kevin Heaney. He fought for me the entire way until he got my case dismissed! I have never come across a lawyer that cares so much about his clients or what happens to them. His rates are very affordable and he is open to negotiate the numbers. It is clear that he wants to help. Kevin knows his stuff and he is on top of it. He is also very personable, kept me in the loop of things throughout the process and always returned my calls and emails. I am grateful and lucky to have found Kevin. He is a true professional and knows how to get it done.
I wanted to thank you for the excellent job you did on getting Luis Correa’s case dismissed. You were very efficient and with minimal stress to Mr Correa. He had full confidence in you and you made it very easy for him to put this case in your hands. The fact that he only had to meet with you a few times and only able to provide you with minimal information he had on his case was a blessing that you were able to get the case dismissed! You know your stuff! Thank you once again and Mr Correa is very pleased with the outcome and can get on with his life without this case over him.

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