An expungement is a legal process that basically erases your convictions as if they never happened. However, if you were convicted of a DUI it will still count as a “prior” if you get another DUI, even if the first DUI is expunged. Also, in applying for government jobs, you will still have to disclose your conviction.
If you were convicted and served time in state prison you cannot get that case expunged but you may be eligible for a certificate of rehabilitation. Further, if you are still on probation you cannot get the case expunged. However, we may be able to get your probation terminated early in a separate court procedure.
Dismissal or Expungement?
If you were convicted of a misdemeanor or a felony and were not sentenced to state prison we can try to get your case dismissed, even if you have been convicted. If we are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilty if you went to trial, and enter a not guilty plea. Then the court may set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.
Are You Eligible for a Dismissal?
You are eligible for dismissal of a conviction, and the court should dismiss your conviction, if you received probation for that conviction and you successfully completed probation or obtained early release and you are not currently serving another sentence or on probation for another offense, and you are not currently charged with another offense or had any probation violations if you were on probation.
Certain Convictions are Not Eligible for Dismissal
If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a): a misdemeanor within the provisions of Vehicle Code section 42001(b); a violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j); a felony under Penal Code section 261.5(d); any infraction, such as a traffic ticket.
Give us a call today to discuss how we can help you clean up your criminal record.