The legal process to alter a person's criminal record in a favorable manner is called the expungement of criminal convictions. There are different kinds of expungements, which will vary depending on the kind of criminal case that you have and the factors that are involved. There are many benefits to getting your record expunged. Primary among these benefits is being able to tell a potential employer that you don't have a conviction.
The expungement process starts by figuring out the appropriate type of relief. It is important that you speak with a lawyer that knows how to deal with the expungement process. The kind of expungement that is applicable to you will depend on if you were an adult or juvenile when convicted, whether you went to prison or jail or put on probation, and if you were convicted for a felony or a misdemeanor.
Your lawyer will need to draft a formal document requesting that the court take a specific action known as the expungement motion. It has to be filed at the court where you received your sentencing and given to the prosecutor that handled your case. In certain instances, the probation department will also have to receive the expungement. The court needs to believe that justice would be served by expunging your record. It also needs to believe that you are living an upright and honest life in order to grant your Order of Expungement. This is a good way to put your prior conviction behind. It also allows you to not have to reveal that you have a criminal record. Expungement gives you a clean slate, freedom, and peace of mind.
Criminal offenses in California are defined by the kinds of punishment that can be imposed with them. Penalties for felonies include custody in state prison and a fine. Misdemeanor convictions lead to a fine and/or up to 12 months in county jail. Wobblers are punishable by either imprisonment in state prison or one year in county jail. California Penal Code Section 1203.4 authorizes the most common kind of expungement relief that exists in California.
When expungement is done correctly, it can take away obstacles to professional licenses and gainful employment, as well as provide a person with closure. A person that wants their record expunged must speak to an experienced expungement lawyer that understands the different kinds of relief that exist and how to obtain them.
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