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Sacramento Criminal Record Expungement Attorney

Helping Clients With A Fresh Start

Are you burdened by a criminal record that’s holding you back from opportunities in life? Whether you’re seeking new job prospects, better housing options, or just want to move forward with a clean slate, expunging your criminal record can be a crucial first step forwards. Cleaning up your criminal record is not only possible but also can be critical to your future. At Chastaine Jones, our attorneys help you to get a new lease on life.

If you are interested in having your criminal record expunged, contact our office today to schedule a consultation.

Who Is Qualified to File for An Expungement?

In general, expungements are available to individuals who:

  • Are not currently charged with an offense
  • Are not on probation
  • Are not serving a sentence for an offense
  • Have fulfilled conditions for the full probation period or had it terminated earlier due to good behavior
  • Did not serve state prison time for the offense
  • Have not been convicted of a specific sex crime

Who Can See Your Criminal Record After an Expungement?

A dismissal pursuant to Penal Code Section 1203.4 is commonly referred to as an “expungement.” Having your case expunged prevents most employers from asking you about your conviction or using it against you in the hiring process. If your case is dismissed per 1203.4 you will legally be able to say, on most applications, that you have never been convicted of the crime.

An expungement does not, however, result in a complete erasure of the record. What an employer, or residential leasing company, will see on your background check is different from what law enforcement or professional licensing agencies will see. 

While in some cases you would not be required to disclose that you had been previously convicted of the crime, law enforcement agencies and other professional licensing entities will likely be able to see and inquire about the conviction. It is important to discuss with an attorney if you should disclose your conviction on an application after you receive an expungement.

What Crimes Are Eligible for an Expungement?

Most crimes are eligible for an expungement, even if there was a violation of your probation. Most felonies for which you were granted probation, and most misdemeanors, are eligible to be expunged. Recently, the law has also expanded to cover those who served an otherwise state prison sentence in a county facility. If you went to state prison for your crime, then a Certificate of Rehabilitation will need to be filed.

Reduction of a Felony to a Misdemeanor

Another type of relief, that often goes hand in hand with an expungement is a reduction of a felony to a misdemeanor pursuant to Penal Code Section 17(b). If your conviction could have been charged as either a felony or a misdemeanor is it known as a “wobbler.”

Felony wobbler convictions may be reduced to a misdemeanor.

There are several benefits to having your felony conviction reduced to a misdemeanor before having it expunged, such as restoration of your California gun rights. Propositions 47 and 64 are also options to have your felony reduced to a misdemeanor.

Early Termination of Probation

The attorneys at Chastaine Jones are also able to assist in the early termination of your probation. Your status as a probationer may limit you from many things. Fortunately, Penal Code Section 1203.3 allows the Court discretion to terminate your probation if you have otherwise completed all of your terms and conditions and can show the Court there is a compelling reason to do so.

Although it is not stated in the statute, it is generally accepted that you should have completed AT LEAST half of your probation term before petitioning for early termination. It’s also possible to file for the felony reduction, expungement and early termination of probation at the same time.

Work Toward a Fresh Start with Chastaine Jones

The attorneys at Chastaine Jones are well-versed in expungement law and have successfully cleaned up the record of hundreds of clients. Our legal team can help you move on after an arrest. We have a proven process and want to see every case end with a dismissal. Call us today at (916) 932-7150 or send us an email to arrange a time convenient for your consultation.

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Proven criminal defense team ready to fight for you!

Get to know our experienced criminal defense attorneys, Martin Jones, Mike Chastaine, Jessica Davis, and James Ryan. Do you need legal advice?
Contact our Roseville criminal defense law firm today!