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Expungement of Criminal Convictions in California

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california pardon
by alexik

Offenses NOT Eligible For Expungement In California

Before you spend your time reading on, here are a list of offenses that are NOT eligible for expungement: Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; Penal Code Section 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).

Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons.

Offenses Eligible For Expungement In California

Aside from the excluded offenses above, your conviction is eligible for expungement if: 1) You were convicted of a misdemeanor and given probation: you complied fully with all of the requirements, including payment of all fines, restitution and reimbursement, and do not have any current criminal charges pending; or 2) You were convicted of a misdemeanor and not given probation, did not serve time in State Prison: it has at least a year since your conviction and you have paid all fines, restitution and reimbursement, have not been charged with any crimes and are living an honest and upright life and have obeyed all laws; 3) Were charged with a felony that was reduced to a misdemeanor and you are eligible under either 1 or 2 above.

Why Should You Apply For An Expungement?

There are several personal and professional reasons why someone would want to apply for an expungement. An expungement is not automatically granted, and will not be granted in the event that you have broken any law since you received your conviction, so the fact that your conviction is set aside proves to you and others that you have learned from your experience and have lived a law-abiding life since your conviction.

On a professional level, you can truthfully tell private employers that you have not been convicted of a crime. What’s more, California Labor Code §432.7 prevents employers from asking about any arrest that didn’t result in a conviction, inquiring about it from other sources or use it in a hiring decision.  Note that if you ever apply for a job with a public entity, or for a professional license, when asked if you were ever convicted of a crime, you will have to report “Yes, and my conviction was dismissed.” Again, the fact that your conviction was set aside will definitely reflect more favorably on your character and indicates that you have fulfilled the requirements necessary to have your conviction set aside.

Additionally, most Licensing and Certification agencies in California will not grant a license to someone who has been convicted of a crime. The same is true for Governmental jobs. However, if your conviction has been expunged, most Governmental licensing and hiring agencies (except police agencies) are required to treat you the same as if you were never convicted of the crime.

What An Expungement Can Do For You

An expungement will reflect that your conviction has been set aside. An expunged record cannot be used by private employers as a basis to deny you employment. Also, in the State of California, Government

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