How to Clear Your Criminal Record
When searching for jobs, more employers than ever use criminal background checks. Those checks can reveal convictions that a job applicant may not wish to have come up. With more people in the job market than ever before, and creating competition, clearing your record might make you eligible for a career position that might have gone to someone else without a criminal record, all things being equal. That can be done through an expungement, or in certain specific cases a motion under Proposition 47, or with felonies, through a Certification of Rehabilitation and a Governor’s Pardon.
How to Clear Your Criminal Record – The Process
The law allows you to file for an expungement by bringing a motion, or petition, for an expungement in the court where the conviction was entered. To be eligible for expungement of a conviction, some things must be true, or your petition or motion will be rejected. Those two things are:
- You must have completed all the terms of your sentence, including paying all fines or fees, attending all classes, doing all jail, community service, or any alternative sentencing that you were given, and be off probation; and
- You must not have any pending conviction and should not have any convictions after the conviction you want to clear was entered.
If you have not completed any of the terms of your sentence or probation, you will need to do those before you can apply to clear your record. If you are still on probation, or have a probation violation, you should seek the services of an attorney, who can bring a researched, written, motion, that is served on the prosecution and argued before the judge, to seek the relief of being off probation, so that you can get an expungement.
If you have a pending conviction, or a conviction after the one you want cleared, you will need to typically wait until that case is resolved, or bring the other conviction to the attention of the
How to Clear Your Criminal Record – What an Expungement Will Not Do
Expungements are not immediate, and Pardons can take years or more. A conviction will not truly “clear” your record, as your case will show a dismissal retroactive to the date you entered your plea. So, your conviction will show that you were arrested, and then that the case was dismissed in court. A dismissal is not a conviction.
However, for purposes of state licensing, or for federal or state employment, government agencies ask about whether or not you have ever had an expungement, and you need to be truthful about that. Many persons seeking employment have been denied government jobs not because of the conviction, but because of the failure to be truthful on a job application.
Please call (877) 568-2977 or contact us if you would like help from a lawyer for your expungement or want to clear your record. We are here to help you.