What is the difference between Expunging my record, and having my record Sealed?
What is an Expungement?
An expungement can be found under PC 1203.4. Click hereClear Your Criminal Record With Pc 1203.4: How To Legally Erase Your Past And Secure Better Job Prospects In California for more details on how to expunge your record. An expungement, is when a person has already entered into a guilty plea for a charge, served their time on Probation, and completed all remaining terms of Probation. That person then returns to Court and requests a Judge to Expunge their record. If granted, an Expungement has the ability to change a criminal record from showing you were convicted of a specific charge, to show instead that the charge has been “Dismissed, pursuant to PC 1203.4”. However, not everyone is eligible for an Expungement, make sure to click hereClear Your Criminal Record With Pc 1203.4: How To Legally Erase Your Past And Secure Better Job Prospects In California to determine if you are eligible for one.
What does it mean to Seal your record?
Under PC 851.91, you have the ability to seal your arrest, any time that arrest or detention did not result in a conviction. For more specifics on how an 851.91 motion works, click hereSeal Your Arrest Record: Free Yourself From Unjust Charges | Inland Empire Criminal Defense. To seal an arrest, means to have a Judge determine that the arrest is deemed never to have happened for you. This would mean your record would not show any conviction, or any evidence you were ever arrested. It essentially cleans the incident as if it never happened. To seal your record, you must not have been convicted of a crime. You can still petition for this relief, however, even if your case was dismissed under a Differed Entry of Judgment order by the Court. So long as you do not suffer a criminal conviction on your record, you can seal any evidence of the arrest or detention from you record.
Which is better?
To seal an arrest is better than to simply Expunge your record, because an Expungement does not protect you from having to disclose the details of your conviction to any State Licensing Board or Government Job you apply to. However, if you suffered a conviction of any kind, your only avenue for relief is an Expungement, so you would not be eligible to seal your record. A conviction of any case, makes you ineligible from being able to later return and seal your case from ever having occurred.
Can you Seal a case, after it has been Expunged?
Unfortunately you cannot seal a case that resulted in a conviction. Even if a case is ultimately expunged and dismissed from your record, the fact that you suffered any kind of conviction makes you statutorily unable to seal that case from your record. In other words:
Conviction and Probation = Expungement under PC 1203.4
Arrest but no conviction = Sealing Arrest Record under PC 851.91
Expungement under PC 1203.4 =/= No ability to seal your record under PC 851.91
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Understanding the relief options available to you regarding past convictions or arrests can be transformative for your life and future. Whether you’re seeking employment, a promotion, or simply the peace of mind that comes with clearing your name, it’s important to know that criminal records don’t automatically expunge or seal themselves over time. Proactive steps must be taken to amend your record and reflect the changes and progress you’ve made in your life.
At Inland Empire Defense, we specialize in providing legal services that help individuals clear their records through expungements, sealing of records, and other forms of post-conviction relief. We understand how past mistakes or misunderstandings can continue to impact your life long after they’ve occurred, and we’re committed to helping you navigate the legal process to obtain the relief you’re entitled to.
By addressing your past records, you open up new opportunities and remove the barriers that might be holding you back. Our team is here to guide you through this process, providing expert legal advice and representation every step of the way.
If you’re ready to take action and seek relief from past convictions or arrests, don’t hesitate to reach out for professional assistance. Contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we’re here to help you achieve the fresh start you deserve and unlock the opportunities you’ve been striving for.
Frequently Asked Questions
Absolutely, Inland Empire Criminal Defense prioritizes your privacy and confidentiality. Every consultation with our attorney is conducted with the utmost discretion, ensuring your information remains secure and private.
Yes, understanding the financial pressures that can come with legal representation, our attorney offers flexible payment plans. This approach ensures that quality legal defense is accessible for all our clients in Riverside, San Bernardino, and Los Angeles Counties.
Yes, Inland Empire Criminal Defense offers free consultations. This is part of our commitment to providing accessible and transparent legal services to residents of Riverside, San Bernardino, and Los Angeles Counties.
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.
Our office is typically closed on weekends. However, we do make exceptions for meetings by special arrangement. Our commitment is to be as accommodating as possible to meet the unique needs of our clients in Riverside, San Bernardino, and Los Angeles Counties.
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.