Evading an arrest in California can have serious and often life-altering consequences. The reality is that the effects are not limited to a jail sentence but can also influence a convict's life long after they serve their time.
From restricting employment and housing opportunities to social exclusions, there are many negative and long-lasting consequences.
The good news is that California law allows for some arrest records to be expunged. However, in order to ensure that this process is successful, it's important for offenders to partner with a competent criminal defense attorney.
Goss Law has been in the industry for many years now and can help those with criminal records get their dignity back. In this article, we will provide a guide on how to expunge an evading arrest charge.
What Does It Mean to Evade an Arrest, and How Serious Is This Offense?
Evading an arrest is the act of fleeing from a law enforcement agent who is attempting to apprehend a suspect. According to California Vehicle Code 2800.1, it carries serious consequences that may include serving time in county jail, fines, the impounding of a vehicle, and the suspension of the offender's driver's license.
While in some cases, this is an intentional action to evade imprisonment, sometimes a person can become frightened at the sight of police sirens and start to panic. Instead of pulling over, they speed away, resulting in criminal charges for evading arrest. For more information, Sacramento expungement lawyers may be able to help.
The truth is that evading an arrest can be prosecuted as a misdemeanor or felony conviction, depending on the circumstances surrounding the case. A misdemeanor conviction will carry a lighter sentence than a felony offense.
Understanding "Expungement"
Expungement, according to California law, is a process that lets people clear certain criminal convictions from their public records. It is governed by California Penal Code §1203.4 and generally applies to those who have successfully completed their probation, served their prison sentence, and met all other requirements of the court.
To have a record expunged, the court will have to reopen the case before withdrawing the guilty verdict and dismissing the charges. An expunged conviction will thereafter have no bearing on the individual's personal or professional life.
This means that they will not be limited in terms of employment opportunities or miss out on housing opportunities. Their criminal history will also not affect their ability to obtain a professional license.
It's important to remember, however, that an expungement does not mean that the conviction is erased completely. The truth is that it may still have consequences in certain scenarios, such as when the person is applying for public office or in matters relating to immigration.
Ultimately, the goal of this legal process is to offer a person convicted of a crime the opportunity to enjoy a life that is not defined by their erroneous action.
What Is the Difference Between Expunging and Sealing Criminal Records?
As explained above, an expungement involves clearing a criminal conviction from a person's criminal history. When the individual has successfully had their charge expunged, they are legally allowed to say that they have not been convicted of the crime. This has a positive bearing on their employment options and more. However, the record will still appear in some cases.
When arrest records are sealed, on the other hand, they are inaccessible to the public. In general, records can be sealed for arrests that did not result in a conviction. This process offers a higher level of privacy.
To determine which option would be best, a knowledgeable attorney should be consulted. They can also assist with explaining how to expunge drug possession charge in CA.
A Step-by-step Guide on How to Expunge an Evading Arrest Charge in CA
In order to prevent their conviction records from affecting their lives after meeting court-ordered requirements, offenders can follow these steps to have their records expunged:
Step 1: Hire a Reliable Attorney
Working with an experienced criminal defense lawyer is crucial to the outcome of an expungement request. A reliable attorney will help to provide guidance and accuracy when filing a petition and will offer strong representation in court. This increases the chances of winning the case.
A legal representative will also help the individual determine whether they are eligible. In order to have a record expunged, the offender must have:
Met all the terms specified by the court (e.g., served a jail sentence),
No additional criminal charges pending, and
He or she must have been convicted of a crime that does not involve a state prison sentence unless this was served under realignment laws.
Step 2: File a Petition with the Court
The next step is filing the petition with the help of a criminal defense attorney. He or she will ensure that the petition is adequately prepared and without error.
Both the applicable court and the prosecutor must receive the petition. Details such as the personal information of the offender, records of their conviction and sentencing, and supporting information will need to be included.
Step 3: Attend the Hearing
When the prosecutor contests the above-mentioned petition, a court hearing will be held. The offender may need to appear before the court physically, or their attorney will need to appear on their behalf. It's important to check the rules in the relevant county to determine which rule will apply.
During this hearing, a judge will take a look at the arrest records, and evidence of why an expungement would be in the interests of justice may be presented.
Step 4: Wait for the Court's Decision
The final step is to receive the court's decision. If the petition is granted, the individual will be free of the effects of their criminal charge. However, if it is not, evading an arrest will likely affect their life in the years to come.
The Importance of Working with an Experienced Criminal Defense Attorney
It is crucial for those seeking the expungement of an evading arrest charge to seek assistance from a reliable attorney. Here are a few reasons to do so:
It Improves the Offender's Chances of a Favorable Outcome
The reality is that criminal records can have lasting effects on the lives of offenders long after they have served their time.
Not only will their reputation be damaged, but they will also be restricted in terms of employment opportunities and more. Expungement is a ray of hope for those facing charges of resisting arrest. It is a second chance to take back their lives.
However, when the petition is not completed correctly, sufficient evidence is not provided to back up the request, or the rules for expungement are not followed, it could result in the application being rejected.
The good news is that an experienced legal representative can provide direction and guidance to ensure the best possible outcome. They will gather evidence and follow the proper protocol for submitting paperwork, increasing the likelihood that the court grants the expungement.
Lawyers Offer Crucial Guidance
The law is incredibly complex, and navigating it without expert assistance can be incredibly challenging. Experienced attorneys have been doing this for years and can offer sound advice on the best course of action. They can also advise on how to expunge counterfeiting charge in CA.
They can help individuals determine whether they are eligible for an expungement and will offer advice early on to help increase an offender's chances of having their criminal records cleared.
Strong Representation in Court
In cases where the petition is opposed, a reliable lawyer will provide strong representation in court, presenting evidence to prove that expunging their client's record is a good idea. They will highlight their client's efforts to improve their behavior, explain mitigating factors, and cover the benefits of an expungement on the individual's life.
Goss Law Offers Unparalleled Legal Representation
When someone evades arrest, they are not let off the hook easily. In California, this is considered a serious offense, one that can affect the offender's ability to obtain employment, housing, a professional license, and more.
The good news is that those who have served their time or met the requirements ordered by the court can appeal to have the record expunged. This clears the conviction and can help to improve their quality of life.
At Goss Law, we understand the seriousness of this kind of charge and the importance of having it cleared. We offer those facing the effects of such a charge access to rigorous legal representation. To learn more about our services, offenders are encouraged to schedule a consultation with our law firm.
Frequently Asked Questions
1. Who is not eligible to have their criminal records expunged?
The following people are ineligible:
Anyone who has served state prison time,
Sex offenders who have committed crimes against children,
Those who have a criminal charge that is still outstanding, and
Offenders who are currently serving a sentence or probation for their crime.
2. Can an employer use an expunged conviction as the basis for denying employment?
No, they cannot. California Penal Code §1203.4 offers protection against discrimination based on expunged records. However, it is important to note that certain exceptions to this rule apply. When a person is applying for sensitive roles, such as those involving children or government positions, an expunged charge may be legitimate grounds for refusal.
3. Are there any fees associated with filing a petition for expungement?
Yes, fees do apply. Firstly, the offender will need to pay a filing charge, along with any associated court fees. Furthermore, attorneys also require payment for their services.
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