Ventura Expungements & Record Sealing Lawyer

How to Clean Your Record in California?

An arrest and conviction for a criminal offense can have profound consequences on your life. Not only could you be sentenced to prison or ordered to pay steep fines, but you will have a record. This can make it challenging to get a job, find housing, or even qualify for government benefits, as decision-makers can access your criminal information. Fortunately, California offers a form of relief known as an expungement to help you get a second chance at life.

If you’re granted an expungement, your criminal record is effectively sealed. The process for clearing your record isn’t always straightforward, and many steps are involved to effectively apply. Thankfully, you don’t have to shoulder these burdens alone: you can have a lawyer help you throughout. At the Law Office of Christopher P. Welch, our attorney has over 10 years of legal experience and is ready to guide you through the expungement process.

Contact us 24/7 to schedule your free consultation. We can be reached by phone at (805) 467-6542.

What Is Expungement in California?

In California, expungement refers to the legal process of having a criminal conviction removed from your record. While this doesn’t technically erase the conviction, it allows you to legally state that you were not convicted of the crime.

Get an expungement, get your life back. You don’t have to let your old convictions hold you back. Much of your criminal record can be wiped clean. Employers can see expunged convictions, but by law, they cannot discriminate against you for that conviction.

After an expungement, it will be easier for you to:

• Get the job you want
• Qualify for public housing
• Receive state and professional licenses
• Put your past behind you

What Is Record Sealing in California?

When a record is sealed, it is removed from public access, meaning it will not show up on background checks for employment or other purposes. Sealed records can still be accessed by law enforcement and other specific agencies under certain conditions.

A Ventura expungements and record sealing attorney can help determine if your record is eligible for sealing or expungement.

Who Is Eligible for Expungement or Record Sealing in California?

California law sets specific criteria for eligibility for expungement or record sealing. Below are the main requirements:

Misdemeanors

In California, most misdemeanor convictions are eligible for expungement. However, there are some conditions:

• You must have completed your probation (if probation was ordered).
• You must not have any other pending criminal charges or convictions.
• You must have fulfilled all terms of your sentence, including paying fines or restitution.

Felonies

Expunging felony convictions is more complex but possible under certain circumstances:

• If the felony was reduced to a misdemeanor (either by a judge or through a plea agreement), you may be eligible for expungement.
• You must have completed probation or parole, or your case must have been dismissed.
• If you were convicted of a felony and have since served your time, you may still qualify to have your record expunged if certain conditions are met.

Some offenses, such as sex crimes, violent felonies, or serious offenses like murder, are generally not eligible for expungement. However, the laws surrounding expungement are complex, and a Ventura expungements and record sealing lawyer can assess your situation to determine whether you qualify.

The Process of Expungement and Record Sealing in California

The expungement and record-sealing process involves several steps, and the specifics may vary depending on whether you're seeking to expunge a misdemeanor or a felony.

However, the general process typically follows these steps:

1. Obtain Your Criminal Record: The first step in seeking expungement or record sealing is to obtain your criminal record. This can be done through the California Department of Justice or local law enforcement. It’s important to review your record carefully to ensure that it accurately reflects your history and that you are eligible for expungement or sealing.
2. Determine Eligibility: Not every criminal conviction is eligible for expungement or sealing. A Ventura expungements and record sealing attorney can help you determine whether you qualify for expungement or record sealing based on the type of conviction, your completion of probation, and other factors.
3. Prepare and File the Petition: Once you’ve determined eligibility, the next step is to file a petition for expungement or sealing. This involves filling out the appropriate legal forms and submitting them to the court. You may also be required to attend a court hearing, depending on the specifics of your case.
4. Court Hearing: In some cases, a court hearing may be scheduled to review your petition. During the hearing, the judge will consider factors such as the nature of the offense, your criminal history, and your behavior since the conviction. If the judge determines that you meet the criteria for expungement or sealing, they will issue an order to remove or seal your record.
5. Await the Decision: After the petition has been filed and the hearing has been held (if required), you will receive the court’s decision. If successful, your record will be expunged or sealed, and you can begin moving forward with a clean slate.

SCHEDULE A FREE CASE EVALUATION

Additional Considerations for Expungements

After Completion of Probation

You are automatically entitled to an expungement after you successfully complete probation. Getting an expungement simply requires knowing what paperwork to fill out and filling it out correctly. The Law Office of Christopher P. Welch can assist you and ensure it gets done properly and fast. Using a criminal defense attorney is one of the most expedient methods of getting an expungement.

Still on Probation with No Violations

If you are still on probation but have not had any significant violations, you may be a candidate for early termination of probation. In such a case, you may immediately apply for an expungement.

Completion of Probation with Violations

If you violated the terms of your probation, the court would still have the discretion to help you. This is a much more complicated process, and it is particularly important to have an attorney who knows how the system works. You must demonstrate why it is in the interest of justice to grant the expungement. This process involves fact-finding and the preparation of relevant court documents, customized for you. Any attorney will allow you to navigate this process and maximize your chances for success.

Sealing Your Arrest Records

If you successfully completed Diversion of Deferred Entry Judgment for a drug-related offense, you may move to have your arrest records sealed pursuant to Penal Code section 851.90(a). This process is time-consuming and requires drafting a motion, serving the motion, and appearing in court. After the records are sealed it will be almost as if the arrest never happened.

Call Law Office of Christopher P. Welch Today: A Path to a Fresh Start

The process of seeking an expungement can be complicated, but our attorney is here to answer all your questions and walk you through the whole thing.

Working with a Ventura expungement and record-sealing lawyer can significantly improve your chances of success. Here’s why:

• Expertise in California Law: A skilled attorney will have a deep understanding of California’s expungement and record sealing laws, ensuring that you meet all the legal requirements and avoid costly mistakes.
• Thorough Evaluation: A lawyer can evaluate your case, determine your eligibility, and provide tailored legal advice to improve your chances of success.
• Proper Documentation: Expungement and record sealing require specific documentation. A lawyer will help ensure that all necessary forms are completed accurately and submitted to the correct court.
• Representation in Court: If your case requires a hearing, a lawyer will represent you, presenting a strong case for expungement or sealing.
• Efficient Process: With a lawyer handling the details, you can expect a more streamlined and faster process, allowing you to move forward with your life sooner.

If you’re ready to pursue a fresh start, contact our Ventura criminal defense lawyer at (805) 467-6542.