CAN I GET AN EXPUNGEMENT AND DISMISSAL OF MY CONVICTION ?
If an individual has been convicted or pled guilty to an offense in a negotiated settlement, our work is still not over. We work closely with our clients to help them continue with their rehabilitation and to fulfill the terms and conditions of probation. Additionally, we can be retained to seek the dismissal of your conviction and have your case expunged if you have complied with the terms of probation, even if the entire period of probation is not completed.
AM I ELIGIBLE?
An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being successfully discharged before the end of his/her probationary period, may be eligible to clear his or her criminal record. It is not necessary that the TERM of Probation be completed to obtain this relief. Hence, your probation may be for 5 years, however, if you have successfully fulfilled all of the terms and conditions except the period of time and have had no intervening criminal cases, you may be eligible for having the guilty plea withdrawn and the conviction dismissed. You are not eligible for a dismissal if your conviction is for a violation of Vehicle Code section 42001(b) or Penal Code sections 286(c), 288, 288a(c), 288.5, 289(j) or any felony conviction of Penal Code section 261.5(d). Contact your San Diego Expungement Attorneys now. We are available 24/7.
HOW DOES AN EXPUNGEMENT HELP ME?
- It will result in the dismissal of the case;
- It will permit you to answer "NO" on employment applications that inquire if you have any prior convictions. On the other hand, if you are applying for a state professional or vocational license, government employment or one in which there will likely be a background investigation, they will likely discover the conviction; therefore, you should disclose the conviction and that it has been expunged or dismissed (some prefer attaching a certified copy of the court order). Also, the conviction or underlying facts if the conviction is dismissed may be used to refuse or revoke a state license and/or permit, such as a professional license issued to a doctor, attorney, nurse, dentist, real estate sales broker/agent, security officer, teaching credential, bus drivers license, etc. However, at Samuel Spital & Associates we handle state administrative cases and will use a variety of factors, including the expungement, to reduce the weight given the conviction by the licensing agency.
- If the conviction was for a felony, it must first be reduced to a misdemeanor. If the felony conviction does not include jail and/or a grant of probation, there probably was imposed a term in state prison; in those cases, the relief that is available is a Certificate of Rehabilitation and Pardon, or Direct Application to the Governor for a Pardon.