Los Angeles Criminal Lawyers Blog
After a person has been convicted of a Los Angeles criminal offense, they may have the option of requested and being granted an expungement. An expungement will seal their records so that it is not accessible to potential employers and educational institutions. In order to qualify for an expungement, a person must have completed all terms of their probation, and must not currently be charged with or serving any part of the sentence of an additional criminal charge or conviction.
If you have a probation violation, you may be ineligible for an expungement. However, with the help of an experienced and knowledgeable Los Angeles Criminal defense attorney, you maybe be able to prepare a powerful argument as to why you should be granted an expungement, despite your violation.
The court will take into consideration several different factors. One will be your overall performance during the period of your probation. For example, if there is one probation violation but the person has followed all terms of the probation for the entire period, the Court will take the good behavior into consideration.
The court will also consider the seriousness of the underlying offense that led to the probation. If the crime is something that is more serious than other offenses, the Court will tend give great weight to the request for expungement.
For example, if David is convicted for drunk and disorderly conduct, and Dan is convicted for a felony DUI, the court will be more hesitant to grant an expungement to Dan in comparison to David when they have a probation violation.
The Court will also look at your criminal history. If it is extensive, then the Court will be more hesitant to allow for an expungement if you have a probation violation, than if you have only one offense on your record.
The Court will also consider any other evidence that you present in regards to why you deserve you request for expungement to be granted. If you have a Los Angeles Defense lawyer to present your request to the Court, they will be able to gather evidence and support their argument as to why the expungement should be granted.
Such support may come from letters from friends and family, demonstration of your strong ties to your community and church, and even your excellent work and employment with your employer.
If you are looking to get your past conviction expunged, it is in your best interest to contact an experienced attorney that does expungements. It will ensure that you have the best possible chance of getting your expungement granted. An expungement could really open doors for you when you have successfully completed your probation, including the inability of employers to question you in regards to your conviction and for educations institutions as well.