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If you or a loved one has been convicted of a crime in California you may have the right to an expungement.  Many people have questions regarding how long they have to wait before they can get an expungement, and many other questions.  After reading the article below let us know if you have any questions and we can help you. 

HOW LONG DO I HAVE TO WAIT TO GET AN EXPUNGEMENT IN CALIFORNIA?

There is no set waiting period for an expungement.  You just need to have completed your probation or (or obtained an early termination of Probation in some Marijuana cases you do not need to wait for this under proposition 64).  You can actually file for an expungement the next day after your probation ends.  

WHAT EFFECT WILL THE EXPUNGEMENT HAVE ON MY ABILITY TO GET A JOB OR CHECK THAT I HAVE NEVER BEEN CONVICTED?

In most cases for private employment you can check the box that you have never been convicted of the expunged crime.  Your conviction will be marked as dismissed on your official California Criminal record, and we provide all our clients with the minute orders ordering the expungement from there criminal record. 

For most government licenses or jobs you will still be required to admit the conviction, however, under some new laws they cannot use that as the sole or only basis on which to deny you employment.  

I have always told the clients to admit the convction but to also note that the conviction has been dismissed and expunged.  This at least shows the agency that a Judge has reviewed your case and has granted an expungement.  

CAN YOU EXPUNGE OR REDUCE A FELONY?

Yes you can reduce and expunge a Felony conviction.  However, you can only reduce and expunge certain Felony convictions.  If you were sentenced to prison then the route you would go is the certificate of rehabilitation rather than the expungement.  You should always go for a reduction as well as an expungement at the same time, so that you can get the benefits of the reduction and many of your rights regained and then the expungement.  

HOW LONG DOES THE PROCESS TAKE?

This depends very much on your situation.  you can get started immediately and then you can We can sit down with you either before or after you have retained all of your records.  If you have your records with you both locally and from the DOJ then the process can get started within a few days.  We will also meet with you to explain everything and to make a court date. YOU will have to be present for that court date. At the court date the court will decide wether to grant or dismiss the motion. If the court grants the motion then the court will sign and order that the case is dismissed.  The court date is usually set out about 4 weeks.  

WHAT HAPPENS ONCE THE MOTION IS GRANTED?

Once the Judge grants the motion he or she signs the order and sends to the California Department of  Justice.  There responsibility is to make sure your criminal record or rap sheet is updated and shown as dismissed.  This process can take a few weeks and we have seen longer.  However, you will hav the paperwork from the court or minute orders that show that the case has been dismissed you can keep those; in addition there will be paperwork sent to both you and to our office with a signed copy from the court.  I have seen this done in Fresno County for many years.  

If you have any further questions give us a call at 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: 559.441.1418 
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