Clear and Expunge California Criminal Records
If you have a California criminal record in Sacramento, El Dorado, Placer, Nevada, Amador, or Yolo Counties you need experienced Criminal Defense Attorney's who will fight to clear your criminal record. At The Law Office of Roland X Tiemann, you will consult with experienced criminal lawyers who have had cases expunged in Sacramento, El Dorado, Placer, Nevada, Amador, and Yolo Counties. We will represent you throughout the proceeding. Contact our office for a free same day consultation or to set up an appointment. We know the courts in Sacramento, El Dorado, Placer, Nevada, Amador, and Yolo counties.
California Criminal Records Expungement Lawyer
In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, “no contest” plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court.
As is commonly believed, an expungement does not seal or destroy your criminal records. Not all criminal convictions can be expunged. Most misdemeanors and some felonies qualify for expungement. Under California law, felony convictions can be expunged as long as the defendant did not serve a state prison sentence and successfully completed the terms of probation.
A qualified, California criminal defense Expungement attorney, can assist in determining your expungement eligibility. If eligible for an expungement, your lawyer will file a petition to expunge your record. Once granted, an expunged criminal record cannot be reversed. However, keep in mind that, if after your record has been expunged, you have additional criminal charges, the expunged convictions can be used against you. And, on all government-related forms, upon request you must reveal the expunged criminal convictions.
Expungement and Employment
Once all of your convictions have been dismissed:
Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. In California, section 432.7 of the Labor Code, states "No employer, ..., shall ask an applicant for employment to disclose, ..., information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any ... diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, ..., any record of arrest or detention that did not result in conviction, .... Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial...."
Applying for government employment or a government license: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
Your prior conviction(s) can still affect your driving privileges.
If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.
Sealing Juvenile Records
Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed.
Free Same Day Consultation
Because of work and family commitments and the uncertainty and risk of trial, many of our clients prefer to resolve their cases without a trial. If that is your preference, we will work to achieve the best possible result for you. In most cases, a resolution can be worked out that is satisfactory to you. Successful resolutions include jail alternatives like house arrest, reduced fines, and reduced/dismissed charges. Because of work most people can't have a criminal history, so we work to negate any negative consequences to your criminal record. We will keep you informed of the status of your case as it progresses to assure you understand what is occurring. You can always contact our office where you will speak to a person regarding any questions you may have in your case.
Our Sacramento Law Office Location
Our Northern California offices are conveniently located in Sacramento and El Dorado Counties. We accept all major credit cards. Please call my office to schedule a free initial consultation. You will be trusting your case to a proven defense firm!
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