At the Law Offices of Ashby Sorensen, we often hear from people who suffer the misfortune of a criminal conviction many years before. Although these individuals have long since fulfilled their terms of probation, their criminal record comes back to haunt them by derailing a job application, home rental agreement, promotion, or immigration benefits. Some of these individuals hear rumors suggesting that their record can be “expunged,” which allegedly will provide a “clean record.”
While expungement of a criminal conviction can be a valuable form of relief from the burden of a criminal conviction, the scope and nature of relief granted often differs dramatically from the expectations of an individual that petitions for relief. Certainly, expungement is a valuable way to protect your reputation because many employers and landlords now run criminal background check that can be conducted in minutes online. However, San Diego Criminal Defense Attorney Ashby Sorensen provides straight talk about the benefits and limitations of the expungement process in this blog post.
Limitations on Relief from Expungement of a Conviction
The best way to understand expungement is to understand what it is not. An expungement in California does not seal your court criminal record nor does it “erase” an arrest from your rap sheet. A search of your California and FBI criminal history records or court records will still reveal the case though the disposition will show the expungement and dismissal of the charges based on a “not guilty” plea. The conviction also must still be disclosed if you are applying for a state occupational license or a job with the government, but the expungement can increase the chance you obtain the job. However, an expungement is important if you want to obtain a real estate license, teaching credential, security card certificate, or similar state occupational license.
An expungement also cannot provide relief in a number of other situations, such as:
- Reinstating the right to possess a firearm (with exceptions where a felony is reduced to a misdemeanor prior to expungement)
- Prevent the conviction from being used as a “prior” in subsequent cases
- Permit you to regain the ability to hold public office
- Prevent use of the conviction by DMV for license suspension or revocation matters
- Grant relief from sex offender registration (Mr. Sorensen might be able to accomplish this with an alternative motion depending on the specific situation)
- Bar use of the conviction to justify denial or revocation of a government license, permit, or certificate (expungement might be taken into consideration)
- Prohibit use of the conviction for denial of immigration-related benefits (expungement can improve the situation depending on the circumstances)
Benefits of Expungement of a Criminal Conviction
California law permits expungement of misdemeanors and felonies that could have been charged as misdemeanors (referred to as “wobblers”) with the exception of a few offenses expressly listed by statute as being ineligible for expungement. Despite the limitations indicated above, the expungement process can be an enormous benefit for many people with a criminal record. Once a conviction has been expunged, a current or pending private employer cannot ask about the offense or discriminate against you based on the offense. Further, you can truthfully answer “No” on applications for employment with private employers to the question of whether you have been convicted of the offense. Similarly, you can provide a similar answer when submitting an application for rental housing.
Application Process for Expungement
If you have completed all of your terms of probation without violation, you can petition for expungement. In some cases, our San Diego Expungement Law Firm might also seek to have your probation terminated early if you have fulfilled all the terms and conditions and/or request a felony conviction be reduced to a misdemeanor when pursuing an expungement. Mr. Sorensen can make the appearance for you, so you do not need to return to court for your expungement hearing in most cases.
If you have been denied a job, security clearance, rental housing, occupational license, immigration benefits, or promotion, San Diego criminal defense attorney Ashby Sorensen is committed to assisting people in preventing a criminal conviction from dictating their futures. Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation.
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