What Is Expungement?
Expungement is the legal process by which a record of your criminal conviction is destroyed or sealed. If your attorney successfully files for an expungement of your conviction, you can withdraw your guilty or no contest plea, and you will no longer face the negative consequences stemming from your prior conviction. This means that you are no longer required to disclose your conviction when applying for employment, and background checks by landlords or schools will only show a dismissal “in the interest of justice.” When you are no longer tied to a criminal past, you have a much better chance of success in the future.
Who Is Eligible for Expungement?
California Penal Code Section 1203.4 outlines the conditions you must meet in order to qualify for expungement. In general, you may be eligible for expungement in Riverside if you have been convicted and received one or more of the following penalties: county jail, probation, or fine. However, there may be exceptions to this rule, which is why it is important to contact an experienced expungement attorney before proceeding. In order to qualify for expungement, you must have successfully completed your probation period. Once you’ve completed your probation, you must also meet the following additional requirements:
- No new criminal violations
- Followed all court or jail orders
- Attended all required court appointments
- Paid all fines and restitution
- Finished community service
- Attended drug or alcohol rehabilitation
- Consented to police searches or seizures of your person or property
- Not currently on probation or parole
Once you have successfully completed your probation, you can immediately begin the process of filing for expungement. According to California Penal Code Section 1203.3, you can file for expungement even if the court terminates your probation before the end of your term. If the court did not order probation after you were convicted of a misdemeanor or infraction, you must wait a year from the date of your judgment before filing for expungement.
The Expungement Process
Step 1: Hire an Attorney
Perhaps the most important step in your expungement process is hiring an experienced defense attorney to go over the details of your conviction and aid you at your hearing. With over 40 years of experience with expungement cases, our attorneys at Wallin & Klarich are ready to take on your case and attain a successful outcome for you. We understand each step of the process and will remain at your side as your trusted legal experts.
Step 2: Complete Forms
With expungement comes a lot of time-consuming paperwork. On top of expungement forms, you may need to fill out additional forms in order to terminate probation or reduce a felony charge to a misdemeanor. When you hire an attorney from Wallin & Klarich, you can rest easy knowing that all of the necessary paperwork will be taken care of for you. Our skilled attorneys guarantee that all forms are filed correctly and in a timely manner.
Step 3: File for Expungement
Once you are done with the paperwork, it’s time to actually file them for expungement. When filing for expungement in Riverside, it is crucial to meet all of the required deadlines. If your paperwork is late, the court can deny your expungement. Wallin & Klarich will ensure that we are always prepared to meet all of your deadlines.
Step 4: Prepare for Court
A lot goes into preparing for an expungement hearing. Our attorneys will work closely with you in order to put together a persuasive argument to support your request for expungement. First, we will gather evidence to show that you have completed your probation successfully without any new criminal violations. If you violated your probation, we will then put together additional evidence to prove your rehabilitation including:
- School transcripts
- Employment history and job training records
- Charity or volunteer work
- Letters from school officials, employers, probation officers, etc.
- Therapy or rehab programs
Contact Wallin & Klarich Today
In order to achieve a successful expungement, the first step is contacting an experienced expungement attorney to help you navigate this complex legal process. With over 40 years of experience, our skilled attorneys at Wallin & Klarich have helped thousands of clients achieve expungement in Riverside. We understand that everyone makes mistakes, and we believe that everyone deserves a second chance at a better life. Contact Wallin & Klarich today to see how we can help you build towards a better future.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
