Got a CONVICTION?
Can’t get a job because you have a criminal record? There is
help. Use KAASS legal tips to get your life back!
In order to clear your record, you need to get your
conviction expunged. What does that mean you might ask? Well read carefully!
If granted in court, after your conviction is expunged it
will allow you to reopen your case and set aside the conviction. Such
convictions are either misdemeanor or certain types of felonies. You will be
able to withdraw your plea of “guilty”, enter a plea of “not guilty”, and close
the case without a conviction. However, this does not mean that your case
entirely gets removed from your record. The arrest and charges will still exist
and you must disclose the conviction in any direct question contained in any
application for public office, for licensure by state or local agency or for
contract with the California State Lottery.
You may be eligible under Penal Code § 1203.4 if:
·
You were convicted of a Misdemeanor or certain
types of felonies.
·
Probation was granted on the case.
·
You have completed the full duration of
probation and complied with all terms and conditions of probation or you were
discharged from probation to the termination of probation.
·
You are not serving a sentence for any offense.
·
You are not on probation for any other offense.
·
You are not currently charged with any other
offense.
·
All court restitution and/or fines have been
paid.
You may be eligible under Penal Code § 1203.4a if:
·
You were convicted of a Misdemeanor.
·
One year has passed since the date the judgment
was entered against you.
·
You were sentenced on the case and probation was
not granted.
·
You have completed your sentence and complied
with any terms of the sentence.
·
You are not on probation for any other offense.
·
You are not currently charged with any other
offense.
However, if you served state prison time and or parole or
are a parolee, you are ineligible for an expungement. But, you may still be eligible to apply for a
Pardon.
Further, there are certain Misdemeanor/Felony violations
that are prohibited from being expunged. You should seek the advice of an
experienced attorney if you are not sure if you qualify.
We hope this information was helpful. Stay SAFE!
This content is intended for
educational purposes only.
