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

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If you have any questions after reading this article you should give us a call so we can go over some of your rights with you.

ARE INFRACTIONS ELIGIBLE FOR EXPUNGEMENT?  

Traditionally infractions were not eligible for expungements in California under Penal Code 1203.4 however, there has been some changes to this law in 2011 which made some infractions eligible for expungement.  

DO INFRACTIONS SHOW UP ON CRIMINAL BACKGROUND INVESTIGATION?

Infractions are not considered criminal convictions and are akin to traffic violations.  In fact they are less serious than misdemeanor or Felony convictions.  They do however, show up on criminal background investigations.  Employers can still find infractions on your record sometimes as easily as looking into local criminal background databases. 

Call our office and we can help you get this matter expunged and updated in about 30 days.  Criminal databases are suposed to be updated every thirty days after having a signed order from a Judge updating and expunging the matter.  After the Judge signs the order it is ordered to be sent to the Calfornia Department of Justice for an update. 

THE EXPUNGEMENT PROCESS

The usual process is an investigation of your prior record with a close eye on all possible infraction cases that are on your record.  We then file a noticed motion and set  a court date.  Then the Judge will make a decision on your case sign the order and then the order is sent to the department of justice for an update of your criminal history.  

WHAT ARE SOME OF THE INFRACTIONS THAT CAN BE EXPUNGED?

1. Petty Theft

2. Marijuana Possession

3. Disturbing the peace

4. Tresspassing

5. Fraud

6. Illegal purchase of Alcohol

Like stated earlier although these offenses are not as serious as a felony or misdemeanor they may leave an ugly mark on your record.  Also, you may have moved on from this behavior a 1203.4 petition will set aside the guilty plea, or no contest plea, or factual finding of guilt, and set aside the conviction.  More importantly your criminal record will be permanently modified to show a dismissal rather than a infraction or a conviction.  Once the infraction is successfully expunged by the court you can truthfully tell employers, your family, and all other people that you have not been previously been convicted of a crime.  

WHAT ARE THE REQUIREMENTS TO QUALIFY FOR AN EXPUNGEMENT IN CALIFORNIA.  ALL THREE REQUIREMENTS MUST BE MET

1. You must have satisfied all the requirements of your sentence ( fines, restitution, mandatory programs etc.) 

2. You are not currently charged with another criminal offense, on probation, for another criminal offense, or serving a sentence for another criminal offense. 

3. The infraction cannot be a vehicular infraction. 

The entire process may take several weeks because you must get a court date and then have the matter heard and then the offense has to be updated on your record.  Sometimes it can take several weeks to get the matter placed on calendar depending on the county and how long those matters take to get on calendar.  

BENEFITS OF AN INFRACTION EXPUNGEMENT N CALIFORNIA

1. In almost all cases private employers cannot ask about convictions that were dismissed under Penal Code section 1203.4 nor can a conviction that was dismissed be considered for employment purposes.

2. Your expunged infraction conviction will not show up on most employer background checks. 

3. You can truthfully and legall answer no on private sector job applications when asked if you have ever been convicted of a crime.  

4. You can greatly increase your earning capacity by becoming eligible for more employment oppurtunities. 

5.  You can tell friends and family that you have not been convicted of a crime. 

6. You have the satisfaction of forgetting the past for good and moving forward into a more positive future. 

If you have any question give us a call 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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