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If you have a criminal conviction on your record, you know firsthand the long-lasting consequences it can have on your life. Even after you’ve paid your debt to society, a criminal record can make it difficult to find employment, secure housing, and move forward with your life.
That’s where our San Diego expungement lawyers come in. We’re here to help you understand your options for clearing your record and getting a fresh start.
Expungement is a legal process that allows you to withdraw your guilty or no-contest plea and have your case dismissed. While it doesn’t completely erase your conviction, it does change your record to reflect the dismissal, demonstrating to the world that you’ve taken the steps to turn your life around.
Under California Penal Code Section 1203.4, expungement is a legal process that allows a person who has been convicted of a crime to withdraw their guilty or no contest plea and enter a new plea of not guilty. If the court grants the expungement, the case is then dismissed.
It’s important to understand that expungement doesn’t completely erase your conviction. The record of your arrest and conviction will still exist, but your record will be updated to show that your conviction was dismissed. This is a crucial distinction when it comes to background checks and disclosing your criminal history.
Not all convictions are eligible for expungement in San Diego. Here’s a breakdown of the eligibility criteria:
Most misdemeanor and felony convictions are eligible for expungement if you:
If you were sentenced to county jail for a felony offense, you might still be eligible for expungement under Proposition 47. This law, passed in 2014, reclassified certain non-violent felonies as misdemeanors and allowed for resentencing and expungement.
To be eligible under Prop 47, you must have:
There are certain offenses that are not eligible for expungement in California. These include:
If you’re not sure whether your conviction is eligible for expungement, our experienced San Diego expungement attorneys can review your case and advise you on your options.
An expungement can open doors that a criminal conviction might have closed. Some of the key benefits include:
An expungement can give you a fresh start and help you move forward with your life.
Too often, criminal defense attorneys are not upfront with clients about the limitations an expungement may have. While an expungement can provide significant benefits, it’s equally important to understand what they do not do. An expungement:
Despite these limitations, an expungement is still an incredibly valuable tool for moving beyond your past mistakes.
The expungement process can be complex, and the success of your petition often hinges on the strength of your argument and the documentation you provide. This is where having a skilled expungement lawyer can make all the difference.
At David P. Shapiro Criminal Defense Attorneys, we handle every aspect of the expungement process for our clients, including:
We start by thoroughly reviewing your case to confirm your eligibility for expungement. We then gather all necessary court documents and evidence to support your petition.
We carefully prepare your expungement petition and all supporting documents, crafting a compelling argument for why you deserve this second chance. Our team will work hand-in-hand with you to attach anything that may improve your odds, such as character letters, community involvement, or proof of school or employment.
We file your petition with the appropriate court and ensure the prosecution is properly served.
If the court requires a hearing for your expungement, we’ll be right there beside you, arguing your case and advocating for your fresh start.
Throughout the process, we’ll keep you updated on the status of your petition and promptly address any questions or concerns you might have.
At David P. Shapiro Criminal Defense Attorneys, we’re committed to helping our clients clean up their records and move forward with their lives. When you choose us to handle your expungement, you’ll benefit from:
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If you’re ready to leave your criminal past behind and start fresh, we’re here to help. Take the first step by contacting David P. Shapiro Criminal Defense Attorneys for a confidential consultation. We’ll review your case, explain your options, and tailor a strategy for pursuing your expungement.
Don’t let a past mistake define your future. Contact David P. Shapiro Criminal Defense Attorneys to schedule your consultation and start the process of clearing your record today.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
The timeline for an expungement in San Diego can vary depending on the complexity of your case and the court’s caseload. On average, the process takes a few months from the date your petition is filed to the court’s decision.
However, some cases may take longer if there are objections from the prosecution or if the court requires additional information. At David P. Shapiro Criminal Defense Attorneys, we prepare and file your petition promptly and keep you updated on any developments in your case.