How Does Expungement Work

Last Modified: July 19, 2024
How does expungement work

Expungement orders mean a court removes an arrest or conviction from a person's court record for most purposes. It allows individuals to clear their criminal records, helping them move forward. This process can be a lifeline for anyone seeking employment, housing, or a second chance.

After the record is expunged, it is legally considered to no longer exist. This includes charges or cases that were dismissed or in which the employee or candidate was found not guilty.

Perlman & Cohen Los Angeles Criminal Lawyers understand the importance of a fresh start. Below, we discuss the difference between having a criminal record sealed or deleted. Then, contact us if you need your records expunged.

Definition of Expungement

Expungement is the legal process of clearing or sealing an individual's criminal record from public view. Once a record is deleted, it is as if the crime never occurred, allowing the person to state they haven't had any criminal convictions. This process can improve one's quality of life by removing the barriers that a criminal record can present.

This legal process is often available for first-time offenders or those who have committed minor offenses. It is a complex process; one must ask the court to have one's court records expunged. Each state has laws and regulations regarding expungement, so knowing your specific state's requirements is essential.

Not all crimes can be cleared off a person's criminal record. Generally, non-violent and minor offenses are considered, while serious crimes like sexual offenses and violent crimes or felonies are not.

California Laws

California offers expungement and record cleaning for certain offenses, allowing individuals to start over. The state has specific criteria and procedures for an expungement order. These laws are designed to help those who have demonstrated they are rehabilitated and deserve a second chance.

Obtaining a court order for expungement can notably affect individuals with misdemeanor convictions, helping them clear their records. In criminal law, this process can relieve the burden of past criminal charges, allowing for better opportunities in life.

Types of Records Eligible for Expungement

Types of records eligible for expungement

Depending on the nature of the offense, different types of records could be expunged. Expungement can apply to various criminal records, helping individuals in all situations.

For instance, juvenile records can be expunged and/or sealed under certain conditions. This offers hope to young offenders looking to overcome their mistakes. In addition, adults can apply for expungement as well; however, the process is a bit different.

The steps also vary depending on the nature of the offense. This is a strong option to help those who have learned from their previous criminal offenses. You must be familiar with the specifics of your case to determine if expungement is possible.

Criminal Records

Conviction records can be removed from public view, helping people avoid the stigma of a criminal past. It is a powerful tool for those looking to rebuild their lives.

A person's expunged record can lead to better job opportunities, housing options, and overall social acceptance. It allows individuals to legally state they have not been convicted of the expunged crime.

At Perlman & Cohen, we specialize in helping clients undergo the expungement process to achieve the best possible outcome.

Juvenile Records

Juvenile records are typically easier to erase than adult criminal records. The justice system recognizes that young people have a greater capacity for change and rehabilitation.

Expunging juvenile records involves petitioning the court and demonstrating that the individual has met all eligibility criteria. These can include factors such as completion of probation, lack of subsequent offenses, and positive contributions to the community.

Our team at Perlman & Cohen is experienced in handling juvenile expungements with care and sensitivity.

The Process

An expunged conviction involves several steps, each of which must be carefully followed to ensure success:

Initial Assessment

The first step in the expungement process is an initial assessment. During this stage, we evaluate your case to see if you can apply to clear your criminal history. The process involves reviewing your criminal record, the nature of the offense, and compliance with all legal requirements.

Filing the Petition

Once eligibility is confirmed, the next step is filing the petition for criminal record expungement. You start by requesting the court have your record expunged. The petition must include all relevant documentation and evidence supporting your case.

Our experienced attorneys at Perlman & Cohen can prepare and file the petition for you, meeting all legal requirements. This step is sensitive and important, as errors can delay or deny the expungement request.

Court Hearing

Once the petition is filed, a court hearing will be scheduled. During this hearing, a judge will review the case and decide whether to have your conviction expunged. It is essential to present a compelling argument and provide evidence of rehabilitation and eligibility.

Our attorneys will represent you at the hearing, advocating for your expungement and addressing any concerns the judge may have. We can also counter any arguments made against you by criminal justice agencies.

Required Documentation for Expungement

Required documentation for expungement

To apply for expungement, several documents are required to support your petition. These documents help the court evaluate your eligibility and the merits of your case. Here are the key documents you will need:

  • Certified copy of the conviction: This court record provides proof of the criminal conviction you seek to expunge. It must be obtained from the court where the conviction occurred.
  • Proof of sentence completion: Evidence that you have gone through every step in the process of your sentence, including probation, fines, and community service. This shows your compliance with the court's orders.
  • Personal statement: You will explain in writing why you are seeking expungement and how you have rehabilitated since the offense. In most circumstances, a personal statement allows you to appeal to the court.
  • Letters of recommendation: Letters from employers, friends, or others who can second your improved character and rehabilitation. These letters provide additional support for your petition.
  • Proof of employment or education: Documentation showing your current employment status or educational pursuits. This helps demonstrate your commitment to improving your life.
  • Background check: A recent background check will verify that you have no pending charges or new convictions.

Costs and Fees Associated with Expungement

Expungement involves many costs and fees that applicants should be aware of. These costs can include court fees, attorney fees, and additional expenses for obtaining required documents:

Court Fees

Court fees are a mandatory part of the expungement process. These fees cover the administrative costs that involve processing your petition. The amount varies by jurisdiction but ranges from $100 to $400.

It is important to budget for these fees as part of your expungement process. Failure to pay the required court fees can delay or deny your petition. At Perlman & Cohen, we provide our clients with detailed information on court fees and help them plan accordingly.

Attorney Fees

Attorney fees cover the costs of legal representation and assistance throughout the process. They could vary depending on the severity of the case and the attorney's experience level.

Perlman & Cohen's knowledge of the criminal justice system. We aim to provide you with high-quality legal representation at an affordable cost. We work closely with our clients to ensure they receive the best possible value for their investment.

Challenges and Limitations of Expungement

Challenges and limitations of expungement

While expungement offers many benefits, it also has its challenges and limitations. Here are some key points to consider:

  • Complex legal process: The expungement process can be legally intricate and requires careful attention to detail. You must seek professional legal assistance to navigate the process successfully.
  • Time-consuming: The expungement process can be lengthy, often taking several months. Patience and persistence are required to see the process through to the end. The timeline can vary based on the court's schedule and the case's complexity.
  • Potential limitations on disclosure: Even after expungement, there may be certain situations where the expunged record must be disclosed. This can include applications for professional licenses or specific job positions.

Expungement vs. Sealing of Records

The expenditure and sealing of records are not identical, but both can remove a record from the public's view. Expungement involves erasing a criminal record, making it seem like the offense never occurred. A sealed record restricts access to it but may not be completely erased.

Understanding the differences between expungement and a sealed record is important for making informed decisions about your legal options. Contact us with any questions you might have.

Limited Exceptions

Expunging a record can be complex, especially involving the federal government. Federal courts have rules and regulations, and the waiting period for an expunged arrest can vary depending on the nature of the offense and the jurisdiction.

Limited exceptions may apply, particularly for national security cases or certain serious offenses. Even with an expunged arrest, background checks may still reveal the record, especially for federal employment or security clearances.

Who Can See Expunged Records in California?

In California, expunged records are removed from public view but may still be accessible to certain entities. Law enforcement agencies, courts, and specific government agencies can access expunged records under certain circumstances. This is to ensure public safety and maintain accurate legal records.

For most purposes, however, an expunged record is treated as if the conviction never occurred.

Contact Perlman & Cohen for Your Expungement Process

Contact Perlman & Cohen for your expungement process

At Perlman & Cohen, we are dedicated to helping individuals clear their criminal records and start anew. Our experienced attorneys are here to guide you through the expungement process, from initial assessment to court hearings.

We recognize the importance of starting over and are committed to achieving the best possible outcome for our clients.

If you seek expungement, contact Perlman & Cohen to schedule a consultation. Let us help you improve your future prospects. Our team is ready to provide the support and expertise you need to expunge your record successfully.

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