Los Angeles Criminal Lawyers Blog

A charge will only appear on your permanent record when you have been convicted, not just arrested. When you are arrested, there is no case against you. An arrest means that the officers are merely alleging that you could be guilty of the crime of which you are accused. In contrast, when you are convicted of an offense, you have been proven to be guilty beyond a reasonable doubt in a court of law.

A conviction will fall under one of three categories; infraction, misdemeanor or felony. When you get a traffic ticket or a jaywalking ticket, it is usually an infraction. These are minor incidents that can be corrected by a fine and without appearing in court. Additionally, these offenses do not involve any jail time. An infraction does not go on your record. You are not required to report it to employers, financial institutions, or any other application processes that may ask if you have a criminal record.

A misdemeanor requires that you appear in court before a judge or an attorney appear on your behalf. The sentence can include jail time, a fine and/or community service, depending on the facts of the case. A misdemeanor is more severe than an infraction and has harsher consequences. More often than not, you will have to report a misdemeanor to your employers, financial institutions or anywhere else you are asked about your criminal record.

A felony requires that you personally appear in court, and may even keep you in custody during the proceedings, depending on the facts of your case. A felony will have higher prison sentences, fines and a longer probationary period. A felony will always be on your permanent record and you will be required to disclose it when asked to do so.

After you have been convicted of a misdemeanor or felony, it is difficult to keep it off your permanent record, unless you get it expunged. Your best possible chances are if you get the charge reduced or dismissed before your conviction. An experienced Los Angeles Criminal Defense attorney has helped reduced or dismissed thousands of cases just like yours. Assure that you have a powerful fighting chance in getting the outcome you desire.

A criminal case on your record can be damaging to all aspects of your life. It could make it difficult to find a job, obtain a loan, purchase a house and often with your friends and family. However, under certain circumstances and situations with the help of knowledgeable Los Angeles Criminal Defense attorney, you may be granted an Expungement and have your case dismissed.

California law allows a defendant who has been charged with a crime to re-open the case, set aside the plea and dismiss the case. In most states a granted Expungement "seals" the records so that they are no longer available to the public. However, in California, it does not erase the criminal record but changes the finding of guilt to a dismissal, that is, if you meet the qualifying criteria.

In order to qualify for an Expungement, the defendant must have completed all probation requirements and have paid all court ordered fines and restitution. Additionally, the offense being expunged must not have required any time in State prison to be served and the defendant must not currently be charged with a crime.

The defendant may have to appear in court before a Judge. Although the underlying matter being expunged is Criminal, Expungement is a considered a Civil matter. The judge, after reviewing eligibility, may grant the request for Expungement if it is in the best interest of justice to do so.

If your record is Expunged, the cases is not erased from you public record, but will not read that the conviction was later dismissed. This allows defendants to honestly answer questions about criminal history when asked. If a defendant is charged with the same crime again, the Expungement will be reversed and it will count against you on your record.

Expungements require paperwork and oftentimes an appearance before a Judge to make a powerful argument as to why it is in favor of justice to have the case expunged. An experienced Los Angeles Criminal Defense attorney has argued thousands of Expungement cases and is familiar with the process and is able to prepare a strategic defense tailored to the specific facts of your case.