Learn how to determine if you are eligible to clean your record with an Expungement
Are 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 hereUnderstanding Probation In Criminal Cases: Terms, Modifications, And Early Termination
What 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
If 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:
What 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.
Will 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.
What 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.
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Understanding the impact of a criminal record on your employment prospects and overall future is crucial. Often, an expungement can significantly improve your ability to secure employment, professional licenses, or other opportunities that a criminal record might hinder. However, navigating the expungement process can be complex and requires a nuanced understanding of the law and eligibility requirements.
Consulting with an experienced attorney who has a strong track record in handling expungement cases is vital. They can provide the guidance and representation necessary to maximize the chances of successfully clearing your record. At Inland Empire Defense, we are well-versed in the intricacies of the expungement process and dedicated to helping individuals move past their criminal records and towards a brighter future.
If you’re considering an expungement to eliminate barriers to employment or other opportunities, let this message be your starting point. We are here to answer any questions you may have and guide you through every step of the process.
To explore your options for expungement and take a significant step towards removing the obstacles presented by a criminal record, contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we are committed to offering expert legal assistance and support, helping you achieve the fresh start you deserve.
Frequently Asked Questions
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We offer both in-person and over-the-phone consultations to accommodate your preferences and needs. Whether you’re in Riverside, San Bernardino, or Los Angeles County, we ensure that you can access our legal services in the way that suits you best.
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Our legal services are specifically tailored to residents of Riverside, San Bernardino, and Los Angeles Counties. For cases outside these areas, we recommend consulting avvo.com to find appropriate legal assistance. Our focused approach allows us to provide specialized defense catering to the unique legal landscape of these counties.