Pros and Cons of Expungements

Under the California Penal Code, individuals with criminal records may be able to obtain an expungement. An expungement allows a person to withdraw their plea of no contest or guilt to have their criminal case dismissed. Expungements have many benefits. They essentially erase your criminal record and give you a fresh start. This can make it easier to obtain employment, housing, and other opportunities. Still, expungements do not release you from all penalties associated with a conviction. Below, our San Diego expungements lawyer explains further.

The Benefits of Expungement 

Again, expungements have many benefits and they are typically more obvious than the drawbacks. The most common benefits of expungement are as follows:

• Employers cannot see your expunged conviction and so, they cannot discriminate against you because of it.
• Obtaining a professional license in the state is not as challenging.
• Expunged convictions cannot be used to discredit you while giving testimony on the stand, unless you are the defendant in a subsequent case.
• You may be able to use your expungement as an immigration defense, such as during deportation hearings.
• There are typically no barriers to traveling to Canada.

The Drawbacks of Expungement

 There are not really any drawbacks about obtaining an expungement. There are, however, limitations on what an expungement will and will not protect you from. The limitations of expungements include:

• Overturn a suspension or revocation of your driver’s license
• Restore your gun rights
• End the obligation to register as a sex offender
• Keep the conviction from counting as a ‘strike’ under California’s three-strikes law

If your conviction is expunged, it can still be used as a prior conviction to enhance sentencing. For example, if you are arrested for a subsequent DUI, an expunged DUI conviction will also count when a judge or jury is making decisions about a sentence.

Eligibility Requirements for Expungement

 California law allows for both misdemeanor and felony expungements. Generally speaking, you are eligible if you have successfully completed your probation and you are not currently charged with, serving a sentence for, or on probation for a crime. It is important to note that there are some felony offenses, such as serious felonies or crimes that require sex offender registration, that are never eligible for expungement.

Lastly, if you served time in a state prison in California, you are likely ineligible for an expungement. However, there is an exception if you would have served your sentence in county jail if you had committed the offense after realignment.

Our Expungements Lawyer in San Diego Can Help You Through the Process 

Expungement can give you a fresh start and free you from the consequences of a criminal conviction. Unfortunately, the process is complex and one mistake could result in an unfavorable outcome. At Anthony Z. Vargas, Esq., our San Diego expungements lawyer can help you obtain the expungement you need for a fresh start and give you the best chance of a successful outcome. Call us now at 858-859-1224 or contact us online to schedule a consultation and to get the legal help you need.

Source:

selfhelp.courts.ca.gov/clean-your-record