FAQ's

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Frequently Asked Questions

Most California expungements are available if 1) You have completed probation or you were never placed on probation; 2) you are not currently charged with another crime; 3) You are not currently on probation for another case; 4) Your conviction is not one of the limited offenses that California law excludes from expungement. 

If you are still on probation you can ask the court to end your probation early and grant your expungement at the same time.

Yes. A probation violation does not automatically prevent you from getting an expungement. The judge can still grant your expungement, but the decision is up to the court. 

It can. An expungement does not erase or completely erase or remove the case from the court record. Instead, the conviction is dismissed and the court record is updated to show that dismissal.

Most private employers are forbidden by law to use a successfully expunged conviction against you, and in many situations you can legally answer that you have not been convicted of that offense. The only exceptions are for certain government jobs, professional licensing, and lottery employment.

No. California law does not require you to hire an attorney to request an expungement. California law allows you to hire a registered Legal Document Assistant to prepare and file the necessary paperwork while you continue to represent yourself. If the court schedules a hearing, you can also appear on your own behalf.

Approximately 6 weeks to 3 months once the petition is filed, but there are many variables county to county. The court may need time to review the request, allow the prosecutor an opportunity to respond, and schedule a hearing if one is required. Many cases are decided without a hearing, while others take longer because of the courts’s calendar or the circumstances of the case. 

In most cases, we prepare and file your expungement within 24 to 48 hours after receiving the information we need from you. Some cases may take a little longer if we need additional time to locate or verify court records, case numbers, conviction information, or other details needed to prepare your petition correctly. 

Not always. Many California expungement requests are decided without the person ever having to appear in court. Weather a hearing is required depends on the court, the circumstances of the case, and whether there are issues the judge wants to address. 

If the court does schedule a hearing, you have the right to appear and represent yourself. A hearing also gives you the opportunity to personally explain to the judge why you are requesting the expungement and what has changed since your conviction. 

A California expungement provides important relief, but it does not erase the conviction or restore every right. An expungement generally does not:
-End requirement to register as a sex offender under PC 290
-Restore the right to own or possess firearms
-Prevent the conviction from consideration for certain government jobs or professional licenses.
-Remove the conviction from consideration for certain government jobs or professional licenses.
-Seal or completely erase the court record. 

Cases eligible for sealing include arrests that 1) Never resulted in charges; 2) charges were dismissed; 3) cases in which you were found not guilty, or 4) other records that did not result in a conviction.

Sealing can provide greater privacy than an expungement because the goal is to restrict the record form ordinary public access, rather than showing the conviction was dismissed. 

Still Have Questions?

California offers several different forms of relief and they don’t all do the same thing. We can explain the differences, what each type of relief does, and how the expungement petition and filing process works.

Give us a call and we’ll help you understand the process and get started.