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.
What is Expungement Under California Penal Code 1203.4?
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.
What Convictions are Eligible for Expungement in San Diego?
Not all convictions are eligible for expungement in San Diego. Here’s a breakdown of the eligibility criteria:
Misdemeanor and Felony Convictions
Most misdemeanor and felony convictions are eligible for expungement if you:
Successfully completed probation for the offense;
Paid all fines, restitution, and reimbursements ordered by the court as part of your sentence; and
Are not currently serving a sentence for any offense, on probation for any offense, or charged with a new offense
Convictions Resulting in County Jail Sentence
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:
Served your time in county jail, not state prison;
Completed your sentence at least two years ago; and
Remained free of any new charges or convictions
Exceptions – Ineligible Offenses
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.
Benefits of Expunging a Criminal Record in San Diego
An expungement can open doors that a criminal conviction might have closed. Some of the key benefits include:
Demonstrating to others that you have taken steps towards rehabilitation
Increased eligibility for some professional licenses
Improved chances of being approved for housing
An expungement can give you a fresh start and help you move forward with your life.
Limitations of Expungement in San Diego
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:
Does not destroy or seal the court records related to your case
Does not restore your right to possess a firearm if it was revoked
Does not prevent your conviction from being used as a “prior” to enhance sentencing if you face any future convictions
Does not remove the requirement to disclose your conviction when applying for certain government licenses or contracting with the state lottery
Despite these limitations, an expungement is still an incredibly valuable tool for moving beyond your past mistakes.
How to Petition for Expungement in San Diego
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:
Eligibility Review and Evidence Gathering
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.
Preparing Petition and Supporting Documents
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.
Filing the Petition and Serving Prosecution
We file your petition with the appropriate court and ensure the prosecution is properly served.
Attending Hearing
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.
Why Choose David P. Shapiro Criminal Defense Attorneys for San Diego Criminal Record Expungement?
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:
Our in-depth knowledge of San Diego’s expungement laws and procedures
Our familiarity with local courts and judges
Our personalized approach to each case
Our proven track record of success in expungement cases
Next Steps to Expunge Your San Diego Criminal Record
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.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
What Our Clients Say About Their Experiences With Us
—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
—ERIN T.
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
—STEPHANIE.
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
—JASON
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
—Nancy
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
—Ryan
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
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.
How long does the expungement process take in San Diego?
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.