San Jose Record Expungement Lawyer
A criminal record can prevent you from getting a good job, obtaining credit, voting, obtaining certain
licenses (nursing, realtor, medical, and other professional licenses). Employers will often conduct
background checks on current and potential employees. Expunging the criminal record erases the felony
and/or misdemeanor conviction from the public record.
The California Legislature has declared that a person who has plead or been found guilty of any charge,
upon completion of probation, may petition to the court to have the conviction removed from their record.
Penal Code Section 1203.4 provides, in relevant part:
a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of
probation or has been discharged prior to the termination of the period of probation, or in any other case
in which a court, in its discretion and the interests of justice, determines that a defendant should be
granted the relief available under this section, the defendant shall, at any time after the termination of the
period of probation, if he or she is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted to withdraw his plea of guilty or plea
of nolo contendere and enter a plea of not guilty...and, in either case, the court shall thereupon dismiss
the accusations or information against the defendant and...he or she shall thereafter be released from all
penalties and disabilities resulting from the offense of which he or she has been convicted...
Factors considered for Expungement Eligibility include but are not limited to:
Why should you expunge your record?
- Probation must have been satisfactorily completed or, if not granted probation, one year must have
passed since date of judgment.
- All court orders must have been obeyed.
- Defendant must be living an honest and upright life.
- Defendant must not have committed any subsequent offenses.
When filling out forms (other than to governmental agencies), you can lawfully answer 'NO' to the
question: "Have you ever been convicted of a misdemeanor or felony?"
**Exceptions to this rule include most traffic and sex-related crimes.
Call me at (408)876-7448 for legal guidance