Expungements are the chance to get your criminal offense removed (expunged) from your record. The concept of expungements is based in part on the idea that once an individual has "paid his debt to society" for a crime, the slate should be wiped clean and the offender can live again as before the conviction. California and most other states permit certain offenses to be expunged from an individual's criminal record. As a criminal defense lawyer, Anna Yum can advise you about expungement in your unique circumstances.
As Though It Hadn't Occurred
An expungement can make an arrest and all subsequent legal proceedings (for example, a conviction or a guilty plea) seem as though they had never occurred - for some purposes. After a successful expungement, an individual can legally respond "no" when asked on a job application whether he or she has been convicted of a crime (that particular crime), unless the application is for a position as a peace officer, or for or any state license or for public office.
In many cases, the successful completion of probation makes an individual eligible for an expungement. California's expungement statute allows felonies and misdemeanors to be expunged if the individual was given only probation as a sentence (not incarceration).
What Expungements Cannot Do
- After an expungement, a prospective employer may still choose to conduct a background check on an applicant, and may thus find the offender's court records and evidence of the conviction. An employer may also find evidence of the expungement, which technically is the setting aside of a conviction or guilty plea. So much can be done on the Internet these days.
- An expunged crime can still be used in an enhancement of another, later sentence. The California statute deems that any convictions for DUI (driving under the influence of alcohol or drugs) can be used to enhance a later DUI sentence, even if they were expunged.
- In addition, an individual's expunged conviction record is still available to law enforcement agencies.
- An expungement will also not restore an individual's right to possess or own a firearm.
Ask Anna R. Yum about an Expungement
If you think you may be eligible for an expungement, contact Anna Yum's law office in San Diego to discuss your circumstances and learn about your options.