San Jose Record Expungement Lawyer

       
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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:
  • 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.

Why should you expunge your record?
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.