Expungements

Serious brushes with the law from long ago can remain on a person’s criminal record in ways that prevent opportunities we often take for granted — housing prospects, employment possibilities and government security clearances, just to name a few.

Could you pass a background check, given a prior felony or misdemeanor charge that continues to tarnish your good name?

If not, you may want to pursue an expungement — a legal elimination of this blemish from your record, one that rehabilitates this chapter of your life and allows you to maintain a dignified, productive livelihood.

At Davis & Wojcik, a Professional Law Corporation in Temecula, our skillful Hemet and Temecula criminal law attorneys understand your goals and strive to help you attain them. We are good listeners, in-depth researchers, thorough investigators and case preparers, in addition to being assertive advocates when stakes are at their highest.

Some past offenses qualify for expungements and record sealings; and some do not. Our lawyers will provide every fact that you need, and explain options that can lead to wise decisions about your future. Throughout the process, you receive the best of our responsive personal service — honest answers to your questions, frequent updates on the status of your case and lines of communication that stay open, start to finish.

Under Penal Code § 1203.4(a), a person is entitled to withdraw his or her guilty plea or have a verdict of guilty or nolo contendere set aside, and have the court dismiss the accusation, when the accused:

1. Has fulfilled the conditions of probation for the entire probationary period.
2. Is discharged before termination of the probation period.
3. The court determines that he or she should be granted such relief in the interest of justice.

There are many benefits of expungement, including the removal of the criminal record from employment background checks ran in the state of California. While it is impossible to completely erase digital histories, Labor Code § 432.7(a) prohibits employer inquiries into or consideration of arrests and detentions that did not result in convictions, convictions that were judicially expunged or ordered sealed, or any criminal history of a person under the process and jurisdiction of the juvenile court.

Once the case is dismissed, the background check companies are required to update their records. Therefore, an expunged conviction should also be excluded for background checks for housing and professional associations.

THERE IS NO DISADVANTAGE TO AN EXPUNGEMENT. While an expungement will restore all rights (such as firearm rights), it does not take away any rights. Criminal convictions bring significant loses. Expungement brings only gain. If potential employer asks if you have ever been convicted, the answer can be, “no.” Legally, the conviction is gone.

(Note that there are times when the conviction must be disclosed. Those times are: 1) the Immigration and Naturalization Service; 2) any state or local licensing agency (such as a guard card or nursing license); 3) contracts with the state lottery; and 4) in an application for public office.

To give you some idea of the favorable results earned for our criminal defense clients, please have a look at the glowing reviews offered by many of our satisfied clients. This reputation for success goes back more than 50 years.

Let’s sit down and talk about the expungement you need. We offer initial consultations arranged by phone at (951) 587-2222 or by email message.