Expungement

In some cases, it is possible to get an arrest, probation time, a misdemeanor conviction, or even a felony conviction "expunged." Although this is a term which seems synonymous with "erased" or "thrown out," the fact is that in California, expungement does not go that far. However, for an individual facing any of the above-mentioned criminal penalties, expungement can be an extremely valuable option.

There are many details regarding expungement law, and not every aspect of this legal field is cut-and-dried. Thus, it is crucial that an individual seeking an expungement work with an experienced and knowledgeable expungement attorney such as those with the Law Offices of Grech & Firetag. Contact us today to schedule a free consultation, and we will discuss your legal rights and options with you.

The Benefits of an Expungement
An expungement may result in the elimination of a conviction from a person's record, or it may result in only a reduction to a lesser crime. Either way, the individual's record is improved, and this can be of great benefit when he or she is:

• Seeking employment
• Applying for a professional license, or trying to retain or restore such a license
• Attempting to get a "green card" or Permanent Resident Status or other immigration changes
• Dealing with the emotional baggage of a crime committed long ago

Early Termination of Probation
An individual who is on probation may be able to successfully petition a court for early termination of probation. Our attorneys will review your particular circumstances and inform you of your eligibility for this type of expungement.

Expungement of a Misdemeanor Conviction
If an individual has successfully completed his or her probation following a misdemeanor conviction, or if no probation was ordered, petitioning a court for expungement of the misdemeanor conviction is an option. The expungement then withdraws the guilty plea but does not erase the offense. There are additional limitations; for example, DUI offenses and sex offenses do not have the same expungement possibilities.

Expungement of a Felony Conviction
Some felonies can be eliminated from an individual's record whereas others can only be reduced to a misdemeanor. In the latter case, it is sometimes possible to request that the reduced-to-misdemeanor conviction be expunged.

An Expungement Petition
In all petitions for an expungement, a court will take into account a number of factors, such as:

• The type of conviction (misdemeanor, felony, or "wobbler," a crime that has penalties that could go either way)
• The type of sentence received (e.g., probation with or without jail time, or state prison time)
• The age of the individual when the crime was committed
• Whether a claim for innocence could be made

Since expungements are not granted easily, let alone automatically, it's advisable to retain an attorney who is experienced at getting expungements and who is familiar with the local criminal justice system. When you need such an effective and knowledgeable expungement attorney, contact the Law Offices of Grech & Firetag to get the legal relief you need.