Clearing Your Criminal Record: Are You Eligible?

California law has several ways in which a person may clean up their criminal record. Depending on the time since your conviction and the circumstances surrounding the charge, it may be possible to have the conviction expunged from your record. When a criminal record is expunged you may legally answer “no” when asked by private employers if you have ever been convicted of a crime.

If you have been convicted of a misdemeanor and were not sentenced to probation or have successfully completed probation: If this is your situation, it is highly likely you will be able to have your record expunged. Contact an attorney today to get started immediately to clear your record. The process can take several months, so it is important to take care of this now, before it becomes absolutely necessary.

If you have been convicted of a misdemeanor and are still on probation: Even though you have not yet completed your probation, it is still possible to have you record expunged. If this is the case, it will be necessary to file a motion to terminate probation. The court will grant such a motion when it serves the “ends of justice.” This means you must have a good reason, i.e. you are unable to find a job or obtain licensure. An experienced attorney can work with you to be able to make a compelling argument to the court. If a motion to terminate probation is not granted, it will still be possible to have your record expunged upon completion of the terms of your probation.

If you have been convicted of a felony and have successfully completed probation, but did not serve time in state prison: If this is the case, you may file a motion to have the felony reduced to a misdemeanor, and then a motion to have the misdemeanor expunged.

If you have been convicted of a felony and have not yet completed probation, but did not serve time in state prison: Even if you haven’t yet finished your probation, it is STILL possible to have your record expunged! However, it will be necessary to have a very good attorney on your side, as several important steps will need to be taken.

If you have been convicted of a felony and sentenced to state prison: Believe it or not, even if you have spent time in state prison, the law still allows a person to improve what is on their record. To have a felony cleared from a person’s record, it is necessary to obtain a certificate of rehabilitation and pardon from the governor.

Remember, in these uncertain economic times, it is more important than ever to have a clean criminal record. Contact the Law Offices of Scott R. Ball today for your free and completely confidential evaluation.