Digital communication is crucial in today's fast-paced world. The internet allows everyone to easily and quickly conduct business, seek new information, and connect with loved ones. However, it's not always secure and safe.
Cybercrime is becoming one of the fastest-growing criminal offenses in the United States. It often happens when someone takes over a computer system or knowingly uses a computer network they don't have permission for.
California Penal Code Section 502 claims that unauthorized computer access is a crime when one uses another company's or person's laptop, software, data, or network without permission.
Likewise, it's also possible to commit a crime if one uses computer services with the intent to alter, damage, delete, or destroy the data. Convictions are punishable by up to three years in jail, and prosecutors can charge them as a felony or misdemeanor.
It is possible, in many cases, to have a conviction expunged, but certain conditions must be met. However, it's also important to understand the law as it is and what situations could be considered a cybercrime to avoid expungement at all costs.
What Is a Cybercrime?
Ultimately, cybercrime refers to an illegal action carried out on a computer system or through internet services.
There are various computer crimes, which range from pornography to fraud. They may not have physical consequences for the victims, but they seriously impact their lives.
If one accesses computer services as an authorized user, they have permission to do so. Still, the issue starts when they don't have permission to use the system or network and knowingly do things to usurp the business or individual. This can be a federal crime, so people need to ensure they aren't doing anything illegal.
Common Cybercrimes to Be Aware Of
Before discovering how to get computer crimes expunged from a criminal record, it's important to understand the most common cybercrimes.
Generally, cybercrimes involve not having permission to use computer services and systems, but here are the top forms:
Identity Theft
Every year, millions of people worldwide deal with identity theft. This often focuses on a criminal accessing a person's private accounts and information for their own gain.
Usually, thieves access a person's information by finding out their social security number and other data. They'll use that and a computer system to make fraudulent purchases or take money from bank accounts.
There are various forms of identity theft, which typically happen over a computer network. Regardless, victims have their monetary resources taken and may have to deal with lower credit scores, closed bank accounts, and more.
Insurance Fraud
Insurance fraud typically affects insurers more than individuals, but it has negative consequences for everyone. When someone commits this crime, they are filing false claims to receive payments they're not entitled to, such as for an auto accident, medical malpractice, or major destructive event.
Typically, the person will use a computer network to file a fraudulent claim and get compensation, which they weren't supposed to receive.
Sometimes, an individual might use a computer system to blow things out of proportion or falsely report something to get a lower insurance premium. Over time, these people cause costs to rise for everyone else.
Credit Card Fraud
Credit card fraud is a form of identity theft that happens when a person's bank or credit card information gets stolen. Once that information is taken, thieves use a computer system to make fraudulent purchases or take money from specific accounts.
Phishing
Phishing often leads to serious problems. Such a scheme involves someone being contacted by a thief posing as a legitimate company or organization to get money. It usually happens through text and electronic mail messages over a computer network.
The individual provides the information requested, typically sent through a computer system, which is used to access their private data. Usually, this leads to identity fraud.
Hacking a Computer System
Most people are familiar with hacking. While it started with telephone systems in the 1950s, it's adapted to computer software and the internet. Typically, this cybercrime impacts large companies.
A hacker is trying to gain access to the information and systems within a computer network. Some might be curious, but others want to steal data.
Often, hackers will infiltrate computer programs on an individual's laptop to try and steal bank account information and more.
Ultimately, these hackers want to find a computer network without proper security systems in place so that they aren't noticed.
Online Sex Crimes
One of the worst types of internet crimes has to do with pornography.
Many forms of pornography are considered legal, but some are illegal, especially where children are involved.
Sexual cybercrimes involving children often feature a computer network and can include:
Creating/distributing pornography
Soliciting sexual favors for money
Contacting children online for sexual reasons
Who Typically Enforces Cybercrime Laws?
Various departments and organizations within the legal system prosecute cybercrimes. Some precincts and towns have a dedicated task force.
In California, the eCrime Unit handles large-scale cybercrimes, such as intellectual property disputes and identity theft.
Cybercrime Conviction Penalties
Most computer crimes can be charged as misdemeanors or felonies.
If it's a misdemeanor, a person can go to county jail for up to a year. However, for a felony, the crime could carry up to three years in prison. Fines for either charge can be anywhere from $1,000 to $10,000.
Cybercrime Conviction Defenses
Being convicted of one or more computer crimes means that the defense didn't work. Options include:
No Knowledge of What They Were Doing
A person can only be guilty of computer crimes if they knowingly acted.
This means one had to know they were unlawfully accessing a computer network.
One defense option is to say that the person didn't know they couldn't access a computer system, such as getting onto a friend's laptop by accident.
Getting Permission for Computer Access
Guilty verdicts only happen when it's proven there was unauthorized computer access involved.
The defense can include confirming that the person was permitted to use the computer system.
Generally, this happens with government computer services, but it can occur anywhere.
Not Acting Fraudulently
Penal Code Section 502 focuses on unlawful use of a computer system, and it's an offense if one defrauds someone else.
Defraud, in this case, means deceiving or tricking someone. Therefore, one defense could be to say that the person didn't wrongfully obtain money after accessing the computer without permission.
What Does Expungement Mean?
An expungement makes a criminal conviction disappear from the record. It's often called a "dismissal," but such language is confusing since it doesn't actually erase or dismiss the charge.
Overall, an expungement shows that a person was convicted of a crime, but there's a note saying that it was dismissed.
Generally, an expungement is helpful if one has trouble getting a job because of those arrest records. Employers often do background checks on their job applicants; they may not hire someone if they were convicted of computer crimes.
Sometimes, an expungement will not help. There is a federal law in place that says people cannot apply for jobs with or work for the government if they have committed a crime. Therefore, having the criminal record expunged won't be beneficial.
Typically, expungements are complicated, so it's wise for people to talk to an expungement attorney in Sacramento before trying to get a conviction "erased."
Overall, there are benefits of having a criminal record expunged. For example, when asked if one is convicted of a crime, they can legally and honestly say no. Most parties running background checks won't see anything related to the incident.
Ultimately, though, law enforcement can still see the expunged crime and might use it as a prior conviction if one is convicted of another offense later.
Expungements are court-ordered processes whereby the criminal conviction is erased or sealed. The record is destroyed, so the individual can legally deny being convicted of the offense.
To be eligible for the expungement, one must complete a waiting period after serving their sentence and paying fines. This amount varies, but it's generally one to five years. After that time has passed, they can file a petition with the court.
If the expungement petition is granted, the court issues an order for law enforcement agencies to destroy the records of the conviction and arrest. Sometimes, it also requires collateral consequences to be expunged, such as the loss of a driver's license.
Once the records are expunged, a person can lawfully deny they were arrested or convicted of the cybercrime. There are a few limitations, such as applying for work with a government or law enforcement agency.
Can Computer Crimes Be Expunged From a Criminal Record?
Yes, those who have been convicted of computer crimes can seek expungement in most cases. However, it's wise to speak with an experienced attorney who offers this service. Typically, this is a difficult process to complete alone. They will be able to consult on how to expunge counterfeiting charge in CA too.
If one wants to see if they're eligible for expungement, it's best to contact an attorney who has handled various types of criminal cases. Someone can review the situation and explain the options to the person in need.
In general, though, most misdemeanor convictions (and certain felonies) can be expunged as long as the person:
Wasn't sentenced to state prison
Isn't currently serving probation or facing prosecution for another offense
Completed their sentence, which includes probation
Isn't currently convicted of other crimes
Other Ways a Law Office Can Assist
One might be unsure if they qualify for an expungement. If that happens, an attorney can explore other options for cleaning up that person's criminal record. These include:
Certificates of Discharge and Rehabilitation
A certificate of rehabilitation shows that a person was rehabilitated after they were convicted of a crime. Usually, they must have received a felony charge and served their sentence to be eligible.
Certificates of discharge are similar, but they're given to those who were convicted of specific misdemeanors.
Pardons
Typically, a pardon is a formal forgiveness of the crime. To be eligible, one must have been convicted and served their full sentence. Though this doesn't erase the person's record, it shows that the government has fully forgiven them.
Sealing of Records
If one isn't eligible for an expungement, they might be able to have their criminal records sealed. This means the public cannot access the information, but government agencies and law enforcement can.
Motion to Vacate the Judgment
After being convicted of a crime, a person can have it removed (vacated) from their record if they can prove there was a legal defect in the proceedings against them. For instance, one is found guilty of a cybercrime based on false testimony (which was verified). There could be grounds to have everything related to the offense removed.
Why Hire an Experienced Criminal Defense Attorney to Assist With Expungements
Under Penal Code Section 502, one can be convicted of computer crimes, such as credit card theft, using someone else's laptop without permission, and more.
Once criminal charges are brought up, it's up to the person's legal defense to avoid a conviction. However, the jury or judge might say that they were involved or solely responsible for the situation.
When a criminal conviction happens, the attorney can appeal. Sometimes, this isn't enough, and the charges stick. If that occurs, the person will have to complete their sentence, which could include jail time, fines, and probationary periods.
After the person has gone through probation, they might be able to have their records expunged. Still, this process isn't easy to do, so it's wise to speak with a California expungement lawyer from Goss Law. They can share expertise on how to expunge embezzlement charge in CA as well.
We understand the legal process and how California law works. If you'd like more information about expungement and the benefits it offers, please call to speak with an attorney. You will receive a free consultation to discuss your case and can ask any questions.
At Goss Law, we will carefully review your case to help you choose the best course of action. If your goal is to clear your record to move on with your life, we will explore your options and help to clean up your criminal record. You don't have to deal with this conviction for the rest of your days. Request your free consultation today to see how to expunge a cybercrime charge in CA.
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