Finding employment or getting credit can be daunting when you have a criminal record. If convicted of a misdemeanor, it might not even show up on your background check. If convicted of a felony, your conviction show ups in a quick check. Then, it could affect your ability to obtain employment, loans, insurance coverage, etc. The good news is that California Courts allow for criminal record expungement under Cal. Penal Code 1203.4 where you can wipe your past clean, setting you up for a fresh start. Please note, however, that not all criminal convictions can be expunged. So, it helps to consult a qualified criminal defense attorney to determine whether your case qualifies and explore your legal options.
At Kenney Legal Defense, we work with clients to help them achieve their goals by providing aggressive representation and personalized service. We understand how stressful this process can be, so our team works hard to ensure you know what’s going on at every step. Contact us today to learn more about how we can help you get your criminal record expunged.
What Is a Criminal Record Expungement?
A criminal record expungement means that the court has ordered that your record will no longer reflect that you were found guilty of committing a crime. In other words, the conviction will disappear from your record permanently. That means employers won’t see your prior arrest history, and potential lenders won’t look into your financial situation. The only thing that remains on your record is any records related to the disposition of the case (e.g., sentencing documents). This is why hiring an experienced criminal lawyer who knows how to navigate the system and protect your rights is important.
What Are the Benefits of a Criminal Record Expungement?
Employment
Having a criminal record can prevent some jobs from hiring you. Once you apply for a job, your employer will run a background check to ensure there aren’t any red flags. If your record shows that an arrest for which you were later cleared, your potential employer might still decide not to offer you a job. But thanks to expungement, there’s nothing left to worry about, as your previous record will be as good as flawless.
Loans
Lenders often require applicants to disclose their entire criminal record before issuing a loan. However, once your record is expunged, they can issue a new application without knowing anything about your past crimes.
Insurance
Some companies require people to pay higher premiums because of previous arrests or convictions. But after your record expunges, these companies can give you a break. They don’t need to know about your past mistakes.
Driving Privileges
Many states allow people to drive again after convicted of certain crimes. However, if your record shows that you committed a DUI, you may lose your license until the charges resolve. With an expungement, you can get back behind the wheel without worrying about losing your driving privileges.
Public Records
Another benefit of expunging your record is that it makes it easier for you to access public records like birth certificates and marriage licenses. And since your record is now clean, you can update your information online instead of waiting for someone else to do it for you.
Job Security
It’s common for employers to conduct background checks during the interview process. But once your record expunges, they won’t find anything to worry about. So, even if you don’t get hired, you won’t have to wonder if your past comes up in the background check.
Are There Any Exceptions to a Criminal Record Expungement?
As we hinted above, not all convictions can be expunged. For instance, federal expungement is not available yet under Federal Law, but it is in the works. Let’s explore this section further by comparing different types of criminal convictions:
Misdemeanor vs. Felony
Misdemeanors are less serious than felonies. Fines and community services include usual punishments for misdemeanors, while a felony receives jail time and a possible prison sentence.
Thus, you can effortlessly get your misdemeanor criminal record expungement with the help of our team of experienced attorneys. To clear your felony conviction, work to reduce your charge to a misdemeanor by either petitioning the court and having your request granted or filing a form under PC § 17(b)(3). A dedicated criminal defense attorney leaves no stone unturned to ensure that your case receives proper and efficient care. Thus, you can achieve maximum results.
State Conviction vs. Federal Conviction
Federal crimes described by the United States Code included specific offenses, whereas state criminal codes define state crimes. Essentially federal crimes usually carry more severe charges than state crimes. So it may be easier to expunge from a state record than a federal one.
For instance, if the state convicts you of a misdemeanor like a traffic violation, your record can clear through a simple application. However, if convicted of a state crime like arson, rape, or bank fraud, it becomes virtually impossible to have such charges expunged.
Conversely, expunging a federal crime is impossible in most cases. However, your records may clean up only if guilty of a minor federal drug offense under the Controlled Substances Act (21 U.S.C 844). But that is not the end of the road if your federal conviction is not a minor offense. Thanks to the Criminal Records Removal program, you still have the chance to limit people’s ability to view your records online. Our attorneys at Kenney Legal Defense can help seal your criminal records from the public domain and ensure that your privacy is protected.
Contact Kenney Legal Defense Today for a Criminal Record Expungement!
There is no doubt that getting rid of your criminal record can change your life for the better. If charged with any type of crime, contact an experienced criminal lawyer as soon as possible. We ensure to protect your rights and that you receive the best legal representation possible.
We offer free consultations for clients who need assistance with their criminal record removal. Call us today at 855-505-5588 or contact us online to schedule yours.