Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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If you have been convicted of a crime you may be able to get that offense expunged from your record.  We have helped many clients expunge crimes from there record and get the help they need in getting a new start on there life.  

All cases are different and you need to speak with us regarding the specifics of your case. One thing that is a misconception about expungements is that they will dissapear from your record.  This is not exactly true.  Although there is new legislation in this area in regards to Juveniles making your record dissapear is difficult.  What an expungement will do is show as an update on your record. What this means is that the offense will show on a livescan or on a record check as an expunged crime. This is different from sealing or destroying your records as is happening under many sealed or destroyed petitions in Juvenile Court. Please read my blogs on thos subject. 

WHO IS ELGIBLE FOR AN EXPUNGEMENT?

If you are charged with certain Misdemeanor or even Felonies you can petition the court for an expungement, or ask for an early termination of probation and expungement at the same time.  

See my article on early termination of probation and expungements.

If you are not currenlty charged with a crime 

not on probation or parole 

did not violate your probation-in some cases you can still get expungement on this see an attorney

and a few other factors will be taken into consideration by the court. 

The court will then either grant or deny the request.

Sometimes the court will deny but give a future date to return and get the expungement done.

The court will sign an order and the order will be sent to the Calirornia Department of Justice and an update will be entered into your clets or criminal history showing the expungement. Also, you will have a copy of your minute order that will  show the expungement. 

 

WHAT IS THE EFFEC OF THE EXPUNGEMENT?

The effect of the expungement means that private employers cannot use that conviction as a basis for denial of employment. 

However, for state licensing purposes for jobs that require licensing such as nurses, doctors, lawyers, etc. they can ask for this information.  And for jobs in any area considered a peace officer position, including local and state corrections and working as a juvenile corrections officer. 

FURTHER INFORMATION 

If you have any further questions regarding expungements do not hesitate to call our office and we can help you.  559 441-1418.

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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