Los Angeles > Expungement

Los Angeles Expungement Attorney

Do you want a fresh start with a clear criminal record? Everyone makes mistakes, but past errors that have resulted in a criminal conviction can affect you for the rest of your life. An expungement can result in the dismissal of past convictions so they are not visible to potential employers and landlords.

For more than 20 years, the criminal defense attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys have fought for the rights of residents in Los Angeles, CA facing criminal charges. Contact our law firm at (213) 995-6767 for a free consultation with a Los Angeles expungement attorney who can help you explore your options for clearing your record.

Why You Should Call Our Los Angeles County Criminal Defense Attorneys For Help Getting Your Record Expunged

Clearing your record through expungement can be a complicated and time-consuming process with a great deal of paperwork and a formal hearing. At The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, we believe you deserve a fresh start at life and we will help you achieve it. We have helped countless people in Los Angeles, California expunge their convictions.

Founding attorney Ambrosio E. Rodriguez was a Senior Deputy District Attorney for more than 13 years and has 20 years of criminal law experience. He uses this insight as a criminal defense lawyer to fight for his client’s rights and build the strongest possible defenses.

Choose The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to help you petition for expungement and we will:

• Protect your constitutional rights
• Explore all options available to you for clearing your record including commutation or a Certificate of Rehabilitation
• File all necessary paperwork with the correct California court
• Build a persuasive argument to present to a judge
• Help you gather evidence to demonstrate why you deserve an expungement

Contact The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today to schedule a free consultation with a Los Angeles expungement lawyer. We will help you understand what to expect and get started on your petition and argument for post-conviction relief.

What Is an Expungement in California?

California Penal Code § 1203.4 PC grants certain people with a criminal record in California the ability to have their conviction expunged. An expungement is a type of post-conviction relief in which the court reviews the conviction and allows the defendant to withdraw a finding of guilt or a plea. A “Not Guilty” plea is then entered and the case is dismissed so the conviction can be set aside.

An expungement effectively clears your criminal record. Having convictions expunged allows you to truthfully, legally state that you have never been convicted of a crime. It will no longer be seen by landlords or employers during a background check. It can also offer relief from the consequences of a criminal conviction.

The term “expungement” implies that the record will be erased, but the term “dismissal” is more accurate. If you successfully have a conviction expunged, it will still be visible on your record, but it will be changed to show the conviction was dismissed.

However, not all convictions can be expunged. Obtaining a criminal record expungement requires a hearing and meeting certain qualifications.

Who Is Eligible to Have a Criminal Record Expunged in Los Angeles, CA?

You may be eligible to receive a California expungement if you were convicted of a crime in the State of California and:

• You were convicted in state court, not federal court.
• Your sentence did not involve state prison. An arrest or conviction that involved time in county jail or a holding cell can qualify.
• You completed probation. If you were not given probation, it must have been at least one year since the date of conviction.
• You have met all sentence requirements such as community service, mandatory rehabilitation or treatment programs, restitution, and fines.
• You did not violate the terms of your probation.
• You are not currently charged with a criminal offense, serving a sentence for another offense, or on probation for another offense.

There are some exceptions to these guidelines. If you are currently on probation, for example, our Los Angeles expungement lawyers can help you seek early termination of your probation first. 

California Penal Code § 1203.4 PC allows for early probation termination with a petition. It’s usually best to wait until you have completed at least half of your probation term before requesting early termination.

It may even be possible to qualify for an expungement if you violated the terms of your probation. However, you are no longer entitled to relief and it will be at the court’s discretion. The court will consider your general behavior on probation, the seriousness of the original offense, your entire criminal record, and the type of violation.

Are Any Crimes Ineligible For Expungement in California?

There are several crimes specifically excluded from expungement relief in California.

These convictions cannot be expunged:

• Committing lewd acts with a minor
• Child pornography offenses
• Oral copulation with a child
• Sodomy with a child
• Statutory rape
• Failure to submit to a police inspection of a vehicle

Most are serious sex crimes against children.

Can Both Misdemeanors and Felonies Be Expunged?

Most misdemeanors and felonies in California are eligible for expungement. To expunge a misdemeanor, you must request that a judge expungement the conviction. With a felony, you must first petition a judge to reduce the felony conviction to a misdemeanor.

At The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, our Los Angeles expungement attorneys help clients seek expungement of the following types of offenses:

• DUI convictions
• Marijuana offenses
• Other drug offenses
• Theft offenses
• Firearms offenses
• Prostitution and other sex crimes

The rules regarding California expungement are complex. If you are not sure if your criminal record qualifies for expungement, contact The Rodriguez Law Group Los Angeles Criminal Defense Attorneys for a free consultation.

What Does Prop 47 Mean For Record Expungement in Los Angeles, CA?

California’s Proposition 47, passed in 2014, reduced criminal penalties for many theft and drug crimes. It changed several offenses from felonies or “wobblers” to misdemeanors. If you served time in prison for one of these offenses before Prop 47 came into effect, you might be able to get your record expunged.

If you were convicted of a felony or “wobbler” that was changed to a misdemeanor by Proposition 47, we can help. A judge can be petitioned for resentencing and your record will change to reflect a misdemeanor rather than a felony.

Under specific circumstances, Prop 47 changed the following offenses to misdemeanors:

• Shoplifting
• Receiving stolen property
• Writing a bad check
• Forgery
• Grand theft auto
• Grand theft firearm

If you meet all of these requirements, the crime itself must also qualify for expungement.

How Does Expungement Work in California?

When your conviction becomes eligible for expungement, you can immediately file an expungement petition in Los Angeles. An experienced Los Angeles criminal defense attorney can help you file this petition with the correct court. A hearing will then be scheduled within 45 days.

If you have multiple convictions you are hoping to have expunged, each conviction must be handled separately with its own petition for dismissal. However, all petitions may be reviewed simultaneously.

During the hearing, the prosecutor may object to clearing your record. It will be at the judge’s discretion whether your record will be expunged.

During the hearing, you may submit a legal argument, call witnesses, and submit evidence to support your argument. You may submit employment records, testimony from an employer that you would be eligible for a promotion without your criminal record, personal testimony, and more.

If your petition for expungement is granted, your prior conviction will be voided and you will plead “not guilty.” The judge will then dismiss your case.

While an expungement will officially make it as if you were never convicted of the offense, there is an exception.

An expunged conviction will still count as a prior offense if you are charged with a new offense.

For example, if you have a DUI conviction expunged and you are charged with another DUI, your sentence can still be enhanced for a subsequent DUI.

State licensing agencies must still be informed of an expunged conviction that is relevant and it can still affect your ability to possess a firearm. Expungement cannot terminate sex offender registration requirements or reverse the revocation or suspension of a driver’s license.

What Is the Difference Between Expungement and Record Sealing?

Note that there are two ways to clear your record in California. The first type of expungement clears your criminal record and transforms convictions into dismissals. The second type is record sealing of arrest reports and conviction information from the state’s records.

Criminal convictions can be expunged under California Penal Code § 1203.4 PC. Arrest records can be sealed and destroyed under California Penal Code § 851.87 PC.

You may be eligible to have your arrest records sealed if:

• Your case was dismissed by the court
• You were arrested but criminal charges were not filed
• Your conviction was overturned and dismissed through appeal
• You were acquitted
• You completed a diversion program

If your arrest record is sealed, the judge has officially declared you innocent. You can legally, truthfully state you have never been arrested. Only arrests that do not result in conviction may be sealed under California statute. However, you can still have convictions expunged.

FAQ – Los Angeles Expungement Attorney Services

1. What is the role of case disposition in the expungement process?

The case’s disposition refers to the official outcome or final status of your criminal case, such as a conviction, dismissal, or acquittal. Understanding your case’s disposition is crucial because it determines your eligibility for expungement. For instance, cases dismissed in court or convictions set aside due to legal merit may qualify for record clearing. An experienced attorney can help analyze your case’s disposition to guide your next steps.

2. Can non-incarceration cases qualify for expungement in California?

Yes, non-incarceration cases often qualify for expungement, provided other conditions are met. If your sentence involved probation, community service, or fines instead of jail time, you could be eligible to remove the conviction from your criminal record. Speak with an expungement lawyer to determine whether your case meets the criteria.

3. Do background check companies have access to expunged records?

Once a conviction is expunged, it is typically hidden from background check companies during employment or housing screenings. However, certain records, such as those involving non-expungable crimes or specific government checks, may still appear. Consulting a knowledgeable attorney can help you understand how to mitigate potential visibility issues with background check companies.

4. What filing fees should I expect when filing an expungement petition?

Filing fees for expungement petitions vary depending on the court and the number of convictions involved. Most California courts charge a nominal fee to process the paperwork. For individuals facing financial difficulties, fee waivers may be available. An expungement attorney can help clarify the expected costs and ensure all forms are submitted accurately.

5. How does the entire process for expungement work in Los Angeles?

The entire expungement process involves several steps:

1. Evaluating whether your conviction qualifies under California law.
2. Filing a detailed petition with the appropriate court, including paying applicable filing fees.
3. Preparing evidence and legal arguments to demonstrate the legal merit of your case.
4. Attending a court hearing where the judge will review your petition and decide whether to grant expungement.
   This process can be time-consuming and legally complex, which is why hiring an experienced attorney can save you time and increase your chances of success.

6. What does it mean for a case to have legal merit during expungement hearings?

Legal merit refers to the validity and strength of your argument for expungement. This includes meeting legal requirements under California law, demonstrating rehabilitation, and showing that expungement would serve the interests of justice. Attorneys often present evidence such as character references, employment records, or community involvement to support your case’s legal merit.

7. How does the case’s disposition affect professional licensing applications?

Your case’s disposition plays a significant role when applying for professional licenses. Even with an expunged record, certain licensing boards may see the original case disposition, especially for sensitive positions. Expungement changes the record to dismissed, often improving your application’s chances. An attorney can advise you on how to present your history to licensing boards.

8. Do non-incarceration cases affect background checks differently than incarceration cases?

Yes, non-incarceration cases may carry less stigma during background checks, particularly if resolved through rehabilitation programs or fines. However, such cases can still appear in public criminal records until expunged. Background check companies may handle non-incarceration cases differently, depending on the circumstances. An expungement attorney can help ensure your record reflects the most favorable status for checks.

9. Are there additional court costs beyond the filing fees?

Apart from filing fees, there may be other court-related costs, such as paying restitution or fulfilling sentence terms like community service. These must be completed before filing for expungement. Consulting with an attorney ensures you’re fully aware of any outstanding requirements or costs.

10. Can expungement help with employment if background check companies access my record?

Yes, expungement significantly improves your chances of passing employment screenings, even if background check companies access your record. An expunged record will appear as dismissed, allowing you to truthfully state you haven’t been convicted of a crime. Employers value the proactive step of seeking expungement as a sign of rehabilitation.

11. Why is understanding the entire process important when seeking expungement?

Understanding the entire process is crucial to preparing properly and avoiding delays or errors. From filing the petition to preparing for hearings, each step requires precision. Missteps can result in denial or longer processing times. An attorney ensures you follow the correct steps and meet deadlines for a smoother experience.

12. Can unresolved fines from non-incarceration cases delay expungement?

Yes, unresolved fines or unpaid restitution in non-incarceration cases can delay or prevent expungement. These must be fully resolved before filing your petition. If financial constraints are an issue, an attorney can explore options to address outstanding obligations and move forward with your expungement.

13. What happens if background check companies still show my dismissed case?

If background check companies still show your expunged or dismissed case, it may be due to outdated records or inaccurate reporting. You have the right to dispute such errors with the company. Experienced attorneys can guide you on how to enforce your corrected record and ensure proper compliance with California law.

14. How does expungement help non-incarcerated individuals move forward?

Non-incarcerated individuals often face barriers like employment or housing discrimination due to their criminal record. Expungement removes these obstacles by dismissing convictions, improving social and economic opportunities. It reinforces your efforts to rehabilitate and start fresh, regardless of whether incarceration was part of your sentence.

15. Will expungement speed up state licensing approvals in non-incarceration cases?

Expungement can make licensing approvals faster or more likely in non-incarceration cases. Licensing agencies often view expunged records more favorably, as they indicate you have taken necessary legal steps to improve your standing. An attorney can provide insight into how expungement may benefit your specific licensing application.

Contact The Rodriguez Law Group at (213) 463-1993 for a free consultation. Learn how our experienced Los Angeles expungement attorneys can help you through the entire process to achieve a clear record and a brighter future.

Schedule a Free Consultation with Our Los Angeles Expungement Attorney

Do you want to have your criminal record expunged for employment purposes or a clean start? Contact The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today for a free consultation. Our Los Angeles criminal defense attorneys can help you explore your options and pursue the fresh start you deserve.

Los Angeles Expungement Attorney, Ambrosio E. Rodriguez

The Rodriguez Law Group Los Angeles Criminal Defense Attorneys – Los Angeles Office

626 Wilshire Blvd Suite 460
Los Angeles, CA 90017
P: (213) 463-1993