After committing either a misdemeanor or a felony offense, life has a way of turning upside down. A past criminal conviction may have been a long time ago, but it can still shape the kind of opportunities that are available for life.
Even if no criminal offenses have been committed since, the fact that one went on the record is enough. Today is all about looking at the legal process associated with getting prior counterfeiting conviction records expunged. Our team can also advise on how to expunge cybercrime charge in CA.
What Does California Law Say about Forgery?
Counterfeiting falls under the umbrella of forgery. According to California Penal Code 470, forgery is a potential felony. It is taken incredibly seriously. The applicable definition is quite broad and includes actions, such as faking signatures, duplicating currency, and even document alteration.
Felony convictions for this kind of thing are enough to turn someone's life upside down. The California Department of Justice will maintain a record of this perpetually if no expungement takes place.
Thankfully, by retaining the services of an experienced criminal defense attorney, it becomes possible to prevent a prior conviction of this nature from affecting future opportunities. They can provide insight on how to expunge an evading arrest charge in CA as well.
How Does an Expungement of Criminal Records Work?
Expungement of criminal records falls under California Penal Code 1203.4. It provides an avenue for defendants who have felony or misdemeanor convictions. Such persons will need to have completed probation without any state prison sentence being served.
Note that this option is not always available to those who have been granted probation. The requirements of any such grant will need to have been completed. Only then will it be possible to petition the court to grant the expungement.
If a court chooses to call for an early termination of probation, the petition can be made once the period ends. In cases where there was no probation granted, the request for expungement may be made a year after the court-issued judgment.
A successful expungement releases a convicted person from penalties that may be associated with their arrest records. For example, job interviewers cannot use the occurrence as a part of the employment consideration process.
Can Anyone with a Criminal Conviction Have Their Record Expunged?
Under Penal Code 1203.4, there are specific categories of persons who can have a felony or misdemeanor offense expunged. These align with the points made before about those who have not served time in state prison, whether or not they were placed on probation.
This is a good time to reiterate the fact that completed probation considers the terms that were outlined by the court. It is not just a matter of the time passing. For example, if a petty theft or grand theft offender was placed on probation, perhaps one of the requirements was the finishing of a designated counseling program. The probation is not complete unless that program is seen through to its end.
On that note, there is a bit of good news in the sense that even those who violated their terms may be able to get their criminal history expunged. There will usually be a hearing held, during which the determination will be made to grant or deny the request.
Expungement eligibility and process requirements can sometimes be very difficult to understand. This is why it is essential to seek the counsel of a seasoned criminal defense attorney for the proceedings.
When Might Having a Criminal Record Expunged Be a Problem?
Some classes of persons are simply not eligible for the process. For example, anyone who found themselves sentenced to serve time in a California state prison cannot go through the process successfully.
Additionally, certain crimes will simply not be expunged, regardless of the presence or absence of a prison sentence. These are as follows:
Sodomy with a minor
Unlawful sexual intercourse with a minor
Oral copulation with a minor
Lewd and lascivious acts with a minor
California Penal Code Section 1203.4 Is Not a Full Reset
An expungement is not a silver bullet that will make it seem as if a crime never happened in every way possible. Any conviction dismissed under the 1203.4 penal code will not get rid of the following:
Driving privilege restrictions may have been applied based on the circumstances of the offense. These restrictions will remain.
While certain sexual offenses can be expunged, the legal requirement to register as a California sex offender under Penal Code 290 still applies.
A criminal offense in the future will not necessarily be treated like a first incident. The previous dismissal can still be used as a point of reference at that time.
A conviction may prevent someone from being able to legally own or possess a firearm in the state. The California gun rights that are lost will not be restored.
Note that some of the elements listed above may be resolved with other post-conviction relief options. For example, there may be the opportunity for a California Governor's Pardon or a California Certificate of Rehabilitation. In any case, an experienced California criminal defense attorney should be the first point of contact for more information. For more information, Sacramento expungement attorneys may be able to help.
Expungement Goes Beyond Employment Concerns
As indicated before, one of the key reasons people seek an expungement is to assist with gaining employment. Criminal records can be a hindrance, which is unfortunate for those who have been reformed and want to contribute to society.
With an expungement, there is no need to disclose the existence of a prior conviction. Additionally, employers cannot discriminate and make their hiring or promotional decisions based on an expunged record.
Apart from employment, the process can be the gateway to obtaining a state professional license. Additionally, it can be helpful in the avoidance of challenges with immigration.
Still, it is important to note that the records will show that there was a conviction. However, it will indicate that there was a dismissal in the interest of justice.
Schedule a Consultation with an Experienced Attorney in CA Today!
If you have a criminal record that you'd like to seek an expungement for, you need a trustworthy defense attorney with the relevant experience to help you navigate the process.
That is the kind of expertise Goss Law can offer. Call today to schedule a consultation with a master lawyer!
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