Expungement Lawyer Newport Beach
Although expungement may sound odd and mysterious, if you have been convicted of a crime in California then you owe it to yourself to be familiar with the word. An expungement acts as a dismissal. In other words, when you complete probation you may go back to court to have your original plea withdrawn, and the case against you will be dismissed.
An expungement may help advance your career. An expungement dismissal is beneficial if you are trying to get a job or a professional license. Employers are barred from using an expunged case in hiring decision or even asking you about an expunged case.Call Now (949) 954-7729
Under Penal Code 1203.4, an expungement is available in Newport Beach if you have successfully completed probation, were not sentenced to state prison, and are not currently charged with a crime. In a lot of cases, the client is entitled to a dismissal as a matter of law. However, some more serious cases require us to show that dismissing your case is “in the interests of justice”.
An expungement may be available even though you are still on probation. Our lawyers can go to court and argue that your probation should be terminated early. Early termination of probation may have even been a part of your plea deal. If you are eligible for early termination of probation then at that time you may also be eligible for an expungement.
If your conviction is a felony you may still be eligible for an expungement today. Our office may be able to get your felony reduced to a misdemeanor, and if so you will no longer be a convicted felon, and you could get your gun rights back. (PC 17(b), PC 29800).
However, only certain felonies qualify for reduction, and only certain circumstances qualify for early termination of probation. Call our office today to see if your case can be expunged or reduced.
An expungement dismissal will allow you to honestly answer that you have not been convicted of that crime. Also, you will be able to tell California licensing authorities that the case has been dismissed.
However, an expungement dismissal does not “clear” your record. Court records will still reflect that charges were brought against you, and that those charges were dismissed. Also, when applying for certain jobs such as law enforcement you must still disclose the expungement. An expungement does not automatically reinstate your gun rights. If you are required to register as a sex offender pursuant to PC 290, then an expungement will not relieve you of this obligation.
To get your case expunged / dismissed, first our lawyers will file a petition with the court. A court date will be set for a hearing. A judge will review your petition, and the prosecutor will have an opportunity to argue that your case should not be expunged. Our attorneys argue your case and fight the prosecutor’s objections. When the judge grants an expungement, your original guilty plea will be withdrawn, a new plea of not guilty will be entered, and your case will be dismissed. We will obtain all the paperwork you will need to prove that your case has been dismissed.
Our team of lawyers has experience drafting all the necessary motions to get your case expunged. In fact, you don’t even have to go to court to get your case expunged. We know the prosecutor’s arguments, we know the law, and we can go to court and represent you. If you have wasted time, money, and effort trying unsuccessfully to get your case expunged yourself, or if you are interested in learning more about if your case can be expunged, call us today for a free and confidential case analysis.