Pathways To Relief After A Conviction
Upon successful completion of the terms and conditions of probation, an individual is potentially entitled to petition the court to reduce felony charges to misdemeanors and clear or expunge the conviction from their record. The Law Office of Adrienne Dell will do the required work to make sure that all appropriate motions are filed in order to have all legally available remedies granted.
At the Law Office of Adrienne Dell, you can find reliable guidance as you are pursuing an expungement. Attorney Adrienne Dell has been practicing law in California for more than 35 years and is proud to help her clients secure the outcome they deserve in their criminal law needs.
Guidance Through Your Expungement Needs
Any individual who completes the terms of either felony or misdemeanor probation, including the payment of all fees and fines, without a violation is legally entitled to an expungement. A court can use its discretion in granting a request for expungement for any individual who has completed probation but has had violations during the course of probation. Attorney Dell has been very successful in persuading the court to grant Motions to Expunge because of the individual attention that she puts into each motion.
If an individual is charged with a “wobbler” offense, the charges can be reduced to misdemeanors, prior to record expungement. A “wobbler” offense is a crime that can be charged as either a misdemeanor or a felony. If the charge is a “non-alternative” felony, reduction of the charges to a misdemeanor is not possible. While reduction of the charge is not available in the above-mentioned situation, clearance is.
With very few exceptions, once expungement has been granted, convictions do not need to be disclosed to employers.
You may have already experienced the negative repercussions of a criminal record and realize the value of a clean record. Are you a candidate for expungement of past convictions? Asking this question is an important first step toward creating a better future for yourself after a criminal conviction for any type of crime, including:
- Drunk driving
- Drug possession or distribution
- Assault, domestic violence or any violent crime
- A sex crime or even murder
Relief From Sex Offender Registry Requirements
Being convicted of a sex crime normally means that you will be required to register as a sex offender within a limited time frame after your conviction and then again each time you move to a new address. You may be banned from living near a park or school. Failing to comply with registration requirements can result in a jail sentence. If you are accused of this type of violation, consult with attorney Dell to determine whether you have grounds for an appeal.
Under certain circumstances, you may seek relief after a sex crime conviction results in sex offender registration requirements. If you have been listed on the Megan’s Law website, the state’s internet-based list of sex offenders, you may petition for removal from that website after submitting a certificate of rehabilitation. As of Jan. 1, 2021, certain offenders may petition for removal from the sex registration system after successful completion of 10 or 20 years of probation, depending on the severity of the sex crime. More serious offenses may still require lifetime registration. Ask attorney Dell how to pursue the best outcome available in your case.
Frequently Asked Questions About Expungement In California
Attorney Dell often receives detailed questions about the expungement process and what it means for her clients’ futures. Here are comprehensive answers to some critical concerns she addresses.
What types of criminal charges can be expunged in California? And which cannot?
California allows expungement for most misdemeanor and felony convictions where the defendant successfully completed probation. Eligible offenses include drunk driving convictions, drug possession or distribution charges, assault and domestic violence cases, theft crimes, and many other misdemeanor and felony offenses.
However, several categories of offenses cannot be expunged under California law. These include any offense where you served time in state prison rather than county jail or probation. Certain serious and violent felonies listed under California’s Three Strikes law are also excluded from expungement relief. Additionally, specific sex crimes involving minors under 14 years old cannot be expunged, and vehicle code violations that resulted in license suspension are generally not eligible.
How long does the expungement process take in California?
The expungement timeline in California varies significantly depending on the court, case complexity and whether any complications arise during the process. Generally, straightforward expungement cases take approximately three to six months from the initial filing to final court approval.
The process begins with gathering all necessary documentation, including court records, probation reports and proof of completion of all sentence requirements. Preparing and filing the initial petition typically takes two to four weeks, depending on how quickly attorney Dell can obtain required documents from various agencies.
Once filed, the court schedules a hearing, which usually occurs four to eight weeks after filing. Some courts may grant expungement without requiring a hearing if the petition is uncontested and meets all legal requirements. However, if the prosecution objects to the expungement or if there are complications in your case history, additional hearings may be necessary, extending the timeline.
Factors that can delay the process include missing court records, incomplete probation files, outstanding fines or fees that must be resolved before expungement or prosecution objections that require additional legal arguments. Attorney Dell works diligently to identify and address potential delays early in the process to expedite her clients’ cases.
Will an expungement show up on background checks?
California expungement significantly limits what appears on most background checks, but the complete answer depends on the type of background check being conducted and who is performing it. For most employment purposes, expunged convictions should not appear on standard background checks and you are generally not required to disclose expunged convictions to private employers.
However, certain government agencies and positions still have access to expunged records. Law enforcement agencies can see expunged convictions during criminal investigations, and some professional licensing boards may still require disclosure of expunged offenses. Additionally, applications for government employment, security clearances or positions working with vulnerable populations may still require disclosure of expunged convictions.
The California Department of Justice maintains records of expunged convictions, but these should be marked as dismissed. Federal agencies may also retain records of your conviction even after state expungement. Attorney Dell helps her clients understand that expungement does not completely erase the conviction but rather changes its legal status and accessibility.
What’s the difference between expungement and sealing records in California?
Expungement and record sealing serve different purposes under California law, though both provide relief from criminal convictions. Expungement changes the legal status of your conviction by having it dismissed, but the record remains visible to certain government agencies and law enforcement. The conviction shows as dismissed rather than as an active conviction.
Record sealing, available primarily for juvenile cases and certain adult cases under recent legislation, actually restricts access to the entire court file. Sealed records are generally invisible to employers and most background checks, providing broader protection than expungement. However, sealing is available for fewer types of cases and has stricter eligibility requirements.
For most adult criminal convictions, expungement remains the primary form of relief available, while sealing is typically reserved for juvenile cases or specific circumstances outlined in recent California legislation.
Contact The Law Office of Adrienne Dell Today
Attorney Dell can help you explore your options for relief after a conviction. Call 408-217-2575 or contact her online.