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Welcome:
What is an expungement?
An expungement effectively dismisses, or “expunges,” a criminal conviction from your record, thereby allowing you to answer on most job applications that you have not been convicted of that crime. The expungement will allow you to put your criminal record behind you for most purposes. However, if you are applying for a government job, or a job for which a license, permit, or certificate is government issued (or one which requires a security clearance), you will still have to disclose the conviction, although agencies may take into consideration the expungement. This allows you to clean up your criminal history and put your past mistakes behind you.
How can getting an expungement help me?
By clearing a criminal conviction from your record, an expungement eliminates the obstacles imposed by that conviction which may otherwise hinder you from:
· New employment opportunities
· Obtaining licenses and certificates
· Eligibility for student loan benefits
· Receiving housing assistance
· Applying for government jobs by reducing the weight of the conviction (although you still must disclose it on a government application, they may consider the expungement)
In addition, if you are ever called as a witness in a case, a conviction that has been expunged may not be used against you for purposes of impeachment.
What rights/privileges will getting an expungement not help with?
Prior Conviction: Your conviction can still be used as a “prior” if you pick up a new case in the future. For example, if you expunge a first time DUI conviction, this conviction will still be available as a “prior” if you pick up another DUI conviction within the 10 years, and thus you will be charged as a second time DUI offender.
Right to Own a Gun: An expungement specifically does not restore your right to own a gun.
Sex Offender Registration: An expungement will not affect the lifetime registration requirement.
Who is eligible?
You may be eligible for an expungement under the following circumstances:
· If you are an adult who was sentenced to probation and you have either completed probation or have been granted an early termination of your probation
· No probation was ordered if it has been a year from the date of your conviction
Please note: All court ordered restitution, fines and reimbursement must be paid at the time you request an expungement.
You must have no charges pending on a new criminal matter or be on probation for an unrelated criminal charge.
Who is not eligible?
Anyone convicted of the following offenses cannot have these offenses expunged:
· Vehicle Code Section 42001(b) including sections 2800, 2801 and 2803.
· Penal Code Section 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
If you were sentenced to state prison time or were under the authority of the California Department of Corrections, your record is not eligible for an expungement; however, you may still be eligible for a Certificate of Rehabilitation and Pardon.
What if I was sentenced to a misdemeanor?
If you were convicted of a misdemeanor and either:
(1) you have completed probation OR
(2) you have been granted early termination of probation,
then you may file for an expungement.
If no probation was ordered and it has been a year since your conviction, you may be eligible for an expungement.
If you were convicted of a misdemeanor with probation but have not yet completed probation, you may be eligible to have your probation terminated early and then be eligible for an expungement.
What if I was sentenced to a felony and haven’t served time in a prison or under the authority of the California Department of Corrections?
In some cases, a person may be convicted of a felony for a crime that could be charged as either a misdemeanor or a felony – referred to as a wobbler. For these crimes, it may be possible to have the felony reduced later to a misdemeanor and then have the misdemeanor expunged.
If you have not served time in prison and you were sentenced to probation and you have completed probation and/or any county jail time, you may be eligible to have the charge reduced to a misdemeanor and then file for an expungement. If you have not yet finished probation you may be eligible to have probation terminated early.
Additionally, an expungement is the first step for those seeking a pardon.
What if I served time state prison or under the authority of the California Department of Corrections?
If you were convicted of a felony and you served time in a state prison or were under the authority of the California Department of Corrections, you are not eligible for an expungement; however, you may be eligible for a Certificate of Rehabilitation and Pardon.
What information do I need?
In order to initiate the expungement process, you will need:
· A copy of your criminal records, including your case number and date of conviction.
· Documentation of whether or not you entered a verdict or plea and what the plea was (i.e. guilty, nolo contendere).
· Information about any probation ordered.
· Information about court ordered fines, restitution, and reimbursement.
· Information about any time served in state prison and/or parole.
Once I have all this information, how long does it take?
This varies according to the nature of the conviction, and on a case-by-case basis. In general, you can expect the following timelines:
· Misdemeanor 4-6 weeks
· Felony 6-8 weeks
· Juvenile Records 4-6 weeks
Juvenile Records –
A juvenile record may be sealed if the person was not sent to California Youth Authority. However, records are not automatically sealed; you must petition to have this occur. Once sealed, the records will be destroyed after five years.
If the person was sent to the California Youth Authority, the juvenile conviction will be dismissed upon graduation, but you still need to petition to have the record sealed. The guilty verdict may be set aside.
Discounts
Military discounts available.
Discounts for multiple convictions.
Payment options
We accept cash, money orders, and all major credits cards.
Currently serving all of San Diego county, including:
· Carlsbad
· Chula Vista
· Coronado
· Del Mar
· El Cajon
· Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain)
· Escondido
· Imperial Beach
· La Mesa
· Lemon Grove
· National City
· Oceanside (San Luis Rey)
· Poway
· San Diego
· San Marcos
· Santee
· Solana Beach
· Vista
(Also serving 4S Ranch, Agua Caliente Springs, Alpine, Barrett, Blossom Valley, Bonita, Bonsall, Borrego Springs, Bostonia, Boulevard, Calexico Lodge, Camp Pendleton North, Camp Pendleton South, Campo, Canebrake, Casa de Oro - Mount Helix, Crest, Cuyamaca, Dehesa, De Luz, Descanso, Dulzura, Eucalyptus Hills, Fairbanks Ranch, Fallbrook, Fernbrook, Flinn Springs, Granite Hills, Guatay, Harbison Canyon, Hidden Meadows, Jacumba, Jamul, Julian, La Presa, Lake Morena, Lake San Marcos, Lakeside, Lincoln Acres, Live Oak Springs, Manzanita, Mount Laguna, Pine Hills, Pine Valley, Potrero, Pueblo Siding, Rainbow, Ramona, Ranchita, Rancho San Diego, Rancho Santa Fe, San Diego Country Estates, San Elijo Hills, Santa Ysabel, Shelter Valley, Spring Valley, Tecate, Tierra del Sol, Valley Center, Vallecitos, Warner Springs, and Winter Gardens.)
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