Sacramento Expungement Lawyer

Sacramento Expungement Attorney

Having a criminal record can represent a substantial obstacle as you begin your new life following a conviction. The California criminal justice system provides various avenues, including expungement, for those seeking to diminish the effects of a criminal record. A Sacramento expungement lawyer can assist you in determining if your record is eligible for expungement and how to go about requesting its dismissal.

Tully & Weiss provides high-quality criminal defense representation to clients in Sacramento who need assistance with record expungement.

What Is Expungement?

Expungement is a process by which a person who has been convicted of a crime or has entered a guilty or no contest plea in a California criminal case can have their record of a particular conviction dismissed

Having a case record expunged or dismissed means that:

• In most situations, you are legally allowed to answer “No” when asked whether you have a prior conviction.
• For the most part, your conviction cannot be used against you when applying for work or housing opportunities.
• You may have greater chances of obtaining professional licensure from a state or local board or agency.
• In certain cases, you may have your civil rights restored, including the ability to serve on a jury and to vote.

Although expungement does not completely erase your criminal record, it helps protect against bias based on past convictions.

Expungement Eligibility in California

Expungement is available to those who have been convicted of a crime, including misdemeanors and felonies, and have completed their sentence requirements. There should be no pending charges, and a petitioner may not be serving probation or jail time for another crime.

Certain crimes are ineligible for expungement, while convictions for other specific crimes may automatically be dismissed without the need to submit a request. For juvenile convictions, it may be possible to request sealing of records.

Expungement Process

To receive a record expungement, you must go through the following steps:

• Determine Your Eligibility: To apply for dismissal of a conviction or plea, you need to ensure you have completed all sentence requirements. Depending on the charges and sentence, you may need to wait a specified period after your conviction or sentence completion to apply for expungement.
• Submit a Petition: Once you have determined your eligibility, you can submit a Petition for Dismissal with the county where your conviction occurred. Your petition should include details on why a dismissal is in the interest of justice.
• Attend a Hearing: For cases that cannot be automatically dismissed, the petitioner attends a hearing where a judge reviews their petition and hears arguments from the petitioner and the prosecutor. They can then approve or deny the petition.

Limitations of Expungement

Though obtaining expungement can provide some relief following a conviction, approval does not wipe the slate completely clean.

Even if a criminal record is expunged, the following may still apply:

• The prior conviction is still assessed if the person commits another crime.
• Firearm possession may still be restricted or denied.
• The period of license suspension or revocation remains valid.
• A person may still need to register as a sex offender.
• If part of the sentence, a person may still be ineligible to apply for public office.

It is highly recommended that you consult a qualified Sacramento expungement lawyer who can help you through the dismissal request process.

Benefits of Working With a Sacramento Expungement Lawyer

Working with a skilled Sacramento criminal defense attorney who has a track record of success petitioning for expungement on behalf of their clients can help increase the chances of obtaining a favorable outcome in your case.

An attorney can review your record and may be able to determine whether or not your record is eligible for expungement. If it is not eligible, they can recommend other legal options you may be able to pursue.

An expungement application in Sacramento can be complex and requires a great amount of information. An expungement lawyer can also aid you with thoroughly completing your petition package, which may help avoid delays or a premature denial. Once your case is scheduled for a hearing, a seasoned attorney can present compelling arguments and facts to a judge, effectively highlighting why approving a dismissal is in the interest of justice.

FAQs

Schedule a Consultation With a Sacramento Expungement Lawyer

California has made significant strides to provide post-sentence relief to a larger number of those convicted in California. If you are unsure whether your case is eligible for expungement, you should contact a Sacramento expungement lawyer from Tully & Weiss. Our dedicated criminal defense team has proven results in successfully representing clients in Sacramento and throughout California in their criminal cases, including expungement.

Call us today to learn more about how we can help.