Expungement

Expungement

If you or someone you know has suffered a conviction for a criminal offense in California, you may be eligible to have the conviction dismissed through a process called Expungement authorized by Penal Code section 1203.4. In order to be eligible for Expunging a California conviction, the person must have completed all the terms and conditions of probation. As well, completion (or early termination) of probation is required before the Superior Court will Expunge a criminal conviction. Early termination of probation is authorized in many cases pursuant to Penal Code section 1203.3.

A criminal conviction (or multiple criminal convictions) often operate as a barrier to employment and educational opportunities. California laws relating to Expungement and the California Labor Code’s limitation on what information must be disclosed to private employers can limit the impact of a California conviction.

Each California county has a different procedure for Expunging a criminal conviction. Some San Francisco Bay Area counties charge a filing fee (Contra Costa, Marin, San Mateo, and Santa Clara) while others (Alameda, Napa, San Francisco) do not. Attorney Robert Tayac has extensive experience handling Expungements for his clients in ALL Bay Area counties and in other parts of the state and can help obtain an Expungement in any California conviction.

Even if the offense was a felony at the time of conviction, in some cases it is possible to have the felony reduced to a misdemeanor in order to relieve a person of some of the reporting requirements and disabilities following a felony conviction.  Although not all felony convictions can be reduced to misdemeanors, it is critical for any attorney who undertakes to represent a person in an Expungement case to attempt to have the felony reduced to a misdemeanor prior to having the conviction Expunged.

Having a criminal conviction (even a seemingly minor conviction such as DUI) Expunged is critical. Feel free to contact this office with any questions you may have about Expunging a California criminal conviction or having an eligible felony reduced to a misdemeanor.