Drawbacks for Expungement?

If you ever find yourself back in the courtroom, the record can still be reviewed by a judge for the purposes of increasing your sentence Also, an expungement does not erase your criminal record. It can be searchable by private investigators and others who perform background checks.

In regards to public jobs and licensing agencies you are in fact required to answer “yes” while then indicating that the conviction has since been dismissed.

It should also be noted that an expungement will not automatically grant you the ability to possess a firearm and will not restore any driving privileges through the California DMV.

If your misdemeanor or felony charge in California did not result in you serving time in state prison, you are eligible to apply for an expungement at the end of your probation term.

In many cases probation is not granted, but the expungement process is just about the same. The difference being one year from the date of conviction must elapse before you are eligible to apply.

Felony criminal charges including felony DUI require you to first request that the felony charge be reduced to a misdemeanor. The same basic expungement requirements then apply.

If you are charged with a new felony or misdemeanor while your expungement is being filed will surely give the court reason to deny you and not grant the expungement. Although, having a pending traffic infraction will generally not interfere with getting a criminal conviction expunged. It is a good idea to stay far away from any traffic or criminal activity to insure the expungement is granted, but in most cases a traffic violation will not affect the outcome.

Expungement is a very effective legal tool for anyone convicted of a crime to be relieved of the stigma associated with a criminal conviction and move on with their life.

Expungement is ONLY granted for those that satisfy all of their court obligations. It is crucial that anyone seeking to expunge a conviction not be facing any criminal charges at the time they apply for an expungement.