Expungements Lawyer in Santa Ana

Expungements are an incredible tool for people charged with and convicted of a criminal offense in California. Not everyone is eligible for this type of post-conviction relief, but those who are could have their misdemeanor or felony criminal case dismissed and avoid the long-term penalties associated with conviction.

To take advantage of the benefits of expungement, you need a criminal law attorney who is well-versed in the intricacies of Penal Code § 1203.4 and can build a solid case for dismissal. Contact us to discuss your case during a free consultation.

Eligibility for Expungement

You are not eligible for expungement if you currently have an open criminal case in California. People found guilty of violent crimes or serious felonies cannot have a conviction expunged. Convicted sex offenders are also ineligible for expungement.

You must meet the following criteria for expungement of your conviction:

• Your charge and conviction occurred in a Santa Ana or other California state court, not a federal government court.
• You did not serve time in state prison.
• You are not currently serving a sentence in jail or prison.
• You completed your probation, or your criminal conviction was over one year ago.
• You have paid all fines and finished the required programs, classes, and community service.

Special Circumstances for Eligibility

Under California law, early termination may be an option if you are still serving probation and want to expunge your record. A separate filing can be completed prior to requesting expungement, which may allow you to have your record expunged before completing probation.

While meeting all the conditions of your probation is generally a condition of expungement in California, you may still be eligible in some scenarios even if you violated your probation. A special hearing may be an option to determine if you are a candidate for having your record expunged, so speak with the criminal law attorney at The Law Office of Sheny Gutierrez for guidance on this matter. Our Santa Ana expungement attorney can help you get your life back after a guilty verdict.

Benefits of Expungement

When your criminal record or conviction is expunged, you are able to avoid the long-term consequences and penalties that result from a criminal sentence. This has a real-world impact on your day-to-day life, but it also provides emotional and psychological relief from the stress of being labeled a criminal.

One of the most substantial benefits of expungement is the effect it has on employment. It is challenging to get hired after spending time out of the workforce, something many people who serve time in jail must face. The added barrier of looking for employers who are willing to hire applicants with criminal records can make re-entering society nearly impossible, especially when background checks are a common part of the application process.

An expungement can provide you with a clean slate and a fresh start because you do not have to notify your employer or potential employer of any criminal conviction that has been expunged. In addition, people with professional licenses before their conviction risk losing those certifications and classifications unless their record is expunged.

Criminal records are also public records, meaning anyone can access your record through online court systems. This can affect not only your job prospects and employability but also your personal relationships, educational opportunities, and housing options. An expunged conviction allows people with certain criminal convictions to prevent the uncomfortable disclosures and limited opportunities that often occur following a conviction.

If you are looking for increased employment options and better housing opportunities, contact us to discuss the process for sealing your misdemeanor or felony record.

Expungement Process in Santa Ana

After completing the expungement application and filing the paperwork with the court where your criminal case was tried, you may be required to appear before a judge before expungement is granted. One instance that would require an expungement hearing is not meeting the general requirements for expungement, such as probation violation.

If a hearing is necessary, the judge will have the discretion to deny or grant your request based on several factors, including:

• The nature of the crime you were convicted of
• Any past criminal history in addition to the most recent conviction
• Reasons behind any probation violation

The judge will likely also consider the impact this relief would have on your life and if there are any factors that make you especially deserving of expungement. Reasons that may be relevant include the need for a good job to support a family, immigration and deportation concerns, and the long-term effects of a conviction, such as in cases when the convicted person is relatively young.

Being convicted of a crime in Santa Ana or Orange County can severely limit your opportunities and access to society. After you’ve served time and completed your sentence, you deserve a chance for a fresh start. The Law Office of Sheny Gutierrez understands the impact that convictions can have on our clients, and we do everything in our power to help them expunge their records and get their lives back. Contact our expungements lawyer in Santa Ana for a free confidential consultation.