When you have been convicted for an offense in violation of the California Penal Code, it is accessible to future employers, educations institutions and financial institutions. It may influence many aspects of your life.
However, you may have the option of successfully expunging your record. In order to qualify for an expungement, you must have successfully completed all terms of your probation. This means that If you were ordered to pay a fine, asked to complete community service, or were ordered to complete any alcohol education or other rehabilitation classes, that you have completed them.
For example, David has been convicted of a DUI. As a part of his sentence, he was asked to complete 3 months of a alcohol education class, and to pay a fine of $2,000, as well as 3 years of summary probation. He successfully completes the 3 years of probation, and he completes all of his court ordered classes, providing the court with proof of enrollment and completion. However, he does not have the money to pay the court so he has been slowly making payments towards the fine over the 3 years he has been on probation. He still owes a balance of $200.00. David would not qualify for an expungement until he finishes paying the balance on his court ordered fine.
In addition to completing all orders of probation, the person asking for an expungement must have attended all court ordered appearances. If there is a review hearing regarding probation, or a probation violation hearing stemming from the original charge, the person must have attended all appearances.
Furthermore, the person requesting expungement must not have commited any new crimes while on probation. Additionally, the person requesting expungement must not be currently on probation for an additional conviction, serving a sentence for the additional conviction, or currently being charged with a conviction.
Lets assume that from the example above David had completely paid off the balance on his prior conviction and had successfully completed all provisions of his probation. However, during the last year of his DUI probation, David was charged and convicted of petty theft. He is currently completing his first year of a three year probation sentence. David would not be eligible for expungement.
Expungement is a viable option for many people. However, it is a strict process and you must meet all the requirements if you are to successfully obtain an expungement. It is a good idea to speak to an experienced Los Angeles Criminal Defense attorney so that you may learn whether the facts of your conviction would make you eligible for an expungement. The attorney will speak with the court and research your criminal history, as well as the Judge's orders to determine whether it is a good move for you to request an expungement.