1Are you currently on Probation?
X No. If you are not currently on Probation for the current case you are looking to expunge, or on Probation or Parole for a different case, then yes, you are eligible for an Expungement.
✓ Yes. If you are currently on Probation for the current case, you must be taken off of that Probation first, before you can apply for an Expungement. Learn how to do that here
2What did you get sentenced to on your case? State Prison or Something else?
✓ Something else. If you were sentenced to only County Jail, Work Release, or some kind of Community Service, then you are eligible to have you case Expunged.
X Prison. If you were sentenced to State Prison, you are not eligible to have your case expunged. However, you can possibly apply for a Certificate of Rehabilitation or Governor’s Pardon.
3If I’m on Probation, and I violate, am I no longer allowed to get an Expungement?
✓ No! Simply violating Probation does not make you ineligible for an Expungement, however, it does become discretionary on a Judge to grant your motion. That is why you should hire an experienced Expungement Attorney to assist you in drafting, and filing of your motion. You can learn more about that here:
4What if I did not pay my fines or finish my Community service, can I still get an Expungement?
X No. Although a Court may not violate your Probation for failing to finish your terms, in order to successfully petition for an Expungement, you have to first show the Court you completed all of your required terms that were previously ordered to be done. Once you can show that, a Judge will be willing to consider your motion for Expungement.
5Will an Expungement also reduce my Felony conviction to a misdemeanor?
X An Expungement will not reduce a previous felony conviction to a misdemeanor conviction. It will also not restore your gun rights, voting rights, or allow you to possess a firearm without being criminal charged.
✓ However, if your charge was a wobbler offense, then you can possibly have your charge reduced from a Felony to a Misdemeanor through a PC 17(b) Motion. Call your Ontario Expungement Attorney to determine your eligibility of having your felony charge reduced to a misdemeanor charge.
6What can I gain from having my case Expunged from my criminal record?
✓ If your criminal charge is expunged, you can legally tell your employer that you have never been convicted for a crime when filing out your job applications.
X However, if you are applying to become someone licensed by the State, such as a Nurse, Teacher, or other Government work, you must still report of this previous conviction, even if the case is Expunged. Speak to your experienced Expungement Attorney to explain how getting an Expungement can still assist you, even if you are looking to get into the above work.
7 Call Today
It’s important to know if what’s holding you back from getting that dream job is getting an Expungement. You should always consult with an experienced attorney with experience handling Expungement cases before making the decision to go after on for yourself. Let this guide be the starting point, and we can answer any questions you may have. Get rid of your prior record, and finally get that job. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.