Expungement: How a Fresno Criminal Lawyer Can Clear Your Record
Aug 30, 2017
Everyone makes mistakes. To err is human. And sometimes, the outcome is as simple as learning a lesson and walking away with a clean slate.
Unfortunately, the California Criminal Justice System does not always see it that way. It prefers to penalize and make a permanent record - both of which carry the potential to wreak havoc on your personal and professional life.
Do you intend to apply for a job? A loan? For housing? As an assistant on your son's baseball team? A helper in your kid's classroom? Do you plan to travel overseas? Adopt?
Any or all of these privileges might be adversely affected with a criminal conviction. With the benefits of technological advancement and easy access to online court websites, it's super easy for a prospective employer to look up your record and see your past criminal mistakes.
However, an expungement can fix all of that.
In California, a Penal Code section 1203.4 petition can set aside the conviction and replace it with a dismissal. If the petition is granted, with the exception of applying for a professional license or employment with the State Lottery, you can state you have not been convicted of a crime.
Moreover, in 2014 Governor Brown signed SB 530 into law, which improved California expungement law even further and provided that recipients of an expungement cannot be discriminated against in employment. Labor Code section 432.7(a) states that neither a public nor private employer can ask about a conviction that was set aside pursuant to Penal Code section 1203.4. Adding teeth to this section, the legislature has added fines and made it a crime for certain violations of Labor Code 432.7. Labor Code section 432.7(c), in fact, makes it a crime for employers to intentionally break the law by asking about convictions that were dismissed under Penal Code section 1203.4
For further information regarding the technical requirements related to expungement, refer to California Penal Code section 1203.4
If you have been charged with a crime, you should contact us immediately for expert guidance and defense.
However, if you already have a conviction, we would welcome the opportunity to discuss your eligibility for a dismissal of your conviction. You just might be able to walk away with a clean slate.
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.