Expungement

What an expungement can do for you:

We offer record clearing, often referred to as “expungement,” for DUIs, misdemeanor and felony cases. If you have been convicted of a charge and have completed all requirements of your probation, you should be eligible to have the charge dismissed from your record. Many old charges, such as marijuana cases have been reduced to misdemeanors. This is not automatic. Call us for a free consultation.

California Penal Code 1203.4 allows those convicted of a crime to be eligible for an expungement as long as they have completed all requirements of probation and are not currently on probation for another crime.

If you choose to retain our office for an expungement, you will not need to appear in court. As your legal counsel, we will be able to handle all expungement appearances on your behalf.

The Office of Nor Cal Criminal Law is experienced with expungements and will fight to have your charges dismissed. If you have been convicted of a crime and would like it dismissed from your record, call our office at 530-580-8529 for Chico’s best criminal defense attorneys.

EXPUNGEMENT AND EMPLOYMENT OPPORTUNITIES

California Labor Code Section §432.7 states that an employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a conviction. Also, an employer cannot ask about a referral to or participation in any diversion program and is prohibited from searching for any record of arrest that did not end in a conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person. 

Criminal Record Guide: THE FINANCIAL BENEFITS OF WIPING THE SLATE CLEAN :

https://www.nccaa.net/post/criminal-record-guide-the-financial-benefits-of-wiping-the-slate-clean

WHAT WILL AN EXPUNGEMENT DO? 

Once your convictions have be expunged, this is what you can expect: 

Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section §1203.4, or talk to an employment law attorney when applying for a job. 

Expungements are a factor in mitigation and rehabilitation for professional licensing agencies (such as Nursing Board) to determine one’s eligibility for licensure. Moreover, as of July 2020, California law will prohibit an agency from denying an application solely related to an expunged conviction. See AB 2138.

Applying for government employment or a government license:

If you are asked by government employers or on government licensing applications if you have ever been convicted of a crime, you MUST respond with “YES— CONVICTION DISMISSED.” 

An expungement does not guarantee you can reestablish your gun rights, you will not be allowed to own or possess a firearm until you would otherwise be able to do so. 

An expungement will not repair or clear a DMV record. 

Your expunged record can still be used to increase punishments in future criminal cases.