What is a record expungement / record clearing in Los Angeles?
Filing for an expungement of one's criminal record in California is the process of petitioning the State court where your conviction occurred pursuant to California Penal Code section 1203.4 to re-open the criminal case, set aside the guilty plea, or no contest plea, or even a factual finding of guilt by a jury of your peers, and to set aside the conviction and dismiss the case in its entirety. If the 1203.4 petition is granted by a Judge, the petitioner will no longer be deemed convicted of the crime by the State of California, and the criminal record will be permanently removed to show a dismissal which reads "dismissed pursuant to Penal Code section 1203.4" rather than a conviction. Once the conviction is expunged one can legally and truthfully write on any application for employment that you have not been convicted of a crime. In addition, the dismissed conviction will not show on most background checks. Those databases which display criminal records both public and private, will automatically update within 30-45 days after the petition for expungement is granted.
If you meet the following criteria, you are entitled to petition the court for an expungement (dismissal) of your criminal conviction whether the conviction was for a felony, misdemeanor or infraction:
1. You were convicted in State NOT Federal Court.
2. You did not serve ANYTIME in State Prison as a result of your conviction. This does NOT include local or County Jail.
3. You are no longer on Informal or Formal probation as a result of the conviction which means you completed all terms of probation successfully.
4. You did not violate any of your probation terms.
5. You are not currently facing a new offense,
6. You are currently not on informal or formal probation for a new criminal offense
7. You are not serving a sentence for a new criminal offense. (California Penal Code: 286(c), 288, 288.5, 289(j), and 261.5(d) which all involve serious sex offenses with minor children are not eligible for expungement)
What would you do RIGHT NOW if you didn't have a criminal conviction on your record?
- Student Aid
- Dream Act
PUT THE PAST BEHIND FOR GOOD…JUST IMAGINE THE OPPORTUNITIES!!
More than one conviction? Not a problem…
Each conviction must be handled separately and a petition for dismissal would need to be filed for each conviction you desire to have expunged. Each expungement will be handled by our firm and by the court as completely separate cases. However, if you sign up with us to expunge more than one conviction all subsequent convictions will be substantially discounted.
1. Your profile is made instantly for you to monitor 24/7 with live updates and information.
2. After we receive all the necessary information and determine you qualify
3. We will prepare the expungement petition and send it on its way
4. We will respond to any opposition from the prosecuting attorney, either oral or written.
5. We will attend all expungement hearings at the courthouse to argue your case in front of the judge on your behalf. 99% of the time you will not be required to attend any hearings.
6. The whole process only takes 3 to 4 months, but usually can be completed within 2 months. The courts take cases on a first come first serve basis. Some Courthouses (LAX) take a little longer than others
Expungement vs. Sealing Criminal Records in Los Angeles
If you're living with a felony or misdemeanor conviction, then a Petition for Dismissal (Expungement) is your remedy. If you are being haunted by an arrest that was never filed as a criminal case then an Order to Seal your Arrest is your recourse.
What Does it Mean to Seal a Los Angeles Criminal Arrest?
When your record is sealed, it means it cannot be accessed by normal means. Those considering you for employment or who you are petitioning for a loan cannot look into these records during a background check. Furthermore, you can generally legally deny that the events on your record never existed. The record itself exists and it may be possible for some entities to find this out, but only a court order to unseal the records for the public interest can make those records accessible to anyone ever again.
What Records Will Show Up On My Background Check in Los Angeles?
From time to time, we receive inquiries from students, applicants, and the subjects of background checks about the type of criminal history information that will likely appear on their background screening reports. We thought we'd take this opportunity to address this question with a broader audience.
For those with a criminal history who've wondered "what exactly will show up on my background check," the answer to that question is "it depends." But before we cover the different scenarios and potential responses, let's be clear: sometimes determining what will show up on a report can be rather complex.
Understand that this article contains general information regarding background screening reports, and is not intended to provide legal advice. We recommend that you contact an attorney if you have questions specific to your case. The following information relates to the federal Fair Credit Reporting Act (FCRA), the law that regulates background checks, and is provided for informational purposes only.
Background Screening Scenarios in Los Angeles
Scenario #1: Non-convictions under seven years
The subject of the background report, what the FCRA refers to as the "consumer," has a criminal record that is a non-conviction. Examples of non-convictions include the following dispositions:
• Nolle prossed
• Deferred adjudication
• Most Pre-trial pre-plea diversion, etc.
Under the FCRA, the record can be reported on the background check report for a period of seven years from the date of disposition (when the verdict is rendered).
Scenario #2: Non-convictions over seven years
The consumer has a non-conviction that is over seven years from the disposition date. Under the FCRA, the record cannot be included on the background report.
Scenario #3: Convictions
The consumer has a conviction. Under the federal FCRA, that record can be reported forever. It does not matter how old it is. However, various state laws may limit the reporting of the record to employers. Consumers should also keep in mind that employers may see these records, but it doesn't mean it will necessarily influence their hiring decision if a record is very old or does not relate to the position sought.
Scenario #4: When non-convictions become convictions
A consumer was given deferred adjudication or deferred sentencing but violated the terms of the probation. Probation was then revoked and the record became a conviction. It would then be reportable without limitation under federal law.
Scenario #5: When probation violations don't result in convictions
A consumer was given deferred adjudication or deferred sentencing but violated the terms of their probation. Sentencing was revised but the disposition was not changed to a conviction. This is still considered a non-conviction and subject to the seven year reporting limitation.
Scenario #6: Sealed or expunged records
An applicant has a former record that has been expunged or sealed. Such records would not appear on the background report if they are in fact expunged or sealed at the time the record search was conducted at the county court.
Variables to Consider
• Federal law is fairly straight forward when it comes to determining what criminal history can and cannot be included on a consumer report:
• Non-convictions are reportable for seven (7) years
• Convictions are reportable without limitation.