Theft crime in California: legal insights and understanding based on recent cases. Different types of theft crimes, penalties, and defenses.
Expungement Lawyer Kareem A. Ramadan has the depth of legal talent you need to win your case.
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1026 W. Foothill Blvd, Suite 101 Upland, CA 91786
(888)-506-6519
Legislators in California have granted pardons to formerly incarcerated individuals who have been rehabilitated and now wish to clear their criminal records. If you are eligible for an expungement, not only will your conviction be dismissed, but you are also legally permitted to state that you have never been convicted of the crime when applying to prospective employers or schools.
In order to obtain relief under PC 1203.4, a person needs to meet the following requirements:
Expunging a conviction from your record means that you don’t have to disclose the conviction anymore, making it easier to get a job, find housing, and get into a school. When asked if you have a criminal conviction in interviews and applications, you can truthfully answer that you do not.
It also prevents employers, landlords, and educators from discriminating against you on the basis of the conviction. An expunged conviction is still a public record until it has been sealed, meaning that an employer or potential employer may find it when conducting a background check. However, they are not allowed to ask you about an expunged conviction or make any decisions about you based on that information.
California criminal expungement petitions the Court to review your conviction. If an expungement is granted, you can withdraw a plea or finding of guilt and enter a new “Not Guilty” plea.
The case is then dismissed, with the conviction set aside. Once this has happened, you will still have a criminal conviction on your record. Still, you will not need to disclose it when applying for a job, housing, education, or professional licensing, and it cannot be used to deny any of these to you.
Getting a Certificate of Rehabilitation puts something positive on your record that carries additional benefits, such as making it easier to obtain professional licenses, removing some statutory prohibitions that may prevent you from getting hired by certain government institutions, such as schools, and it may relieve you of the duty to register as a sex offender.
In some cases, you may wish to seek a Certificate of Rehabilitation after getting your conviction expunged, and you can also apply for a Certificate of Rehabilitation even if your conviction has not been expunged. After serving your sentence and parole, you will need to wait for a set time.
This waiting period is called the “period of rehabilitation.” During this time, you will show that you have made significant improvements in living as an upstanding citizen and avoiding trouble.
In general, the minimum period of rehabilitation is 7 years. Some convictions have longer periods. For example, most offenses that require registration as sex offenders have a waiting period of 10 years.
The period of rehabilitation begins on the date you are released from custody. In some circumstances, a judge may consider an early request for a Certificate of Rehabilitation, which is very unusual.
If the case is dismissed or expunged, the court will seal your records when you complete probation, which means that nobody can see them, and you do not need to disclose anything.
When you turn 38, this record will be permanently destroyed. As a result, a Certificate of Rehabilitation is not needed in this situation.
In all other cases, the process and waiting periods are the same as for adults.
You need a skilled and experienced criminal defense lawyer to work through the expungement process. The process involves filing petitions with the California court that include details about the case and the reasons you seek expungement.
To have a misdemeanor or felony expunged in California, you must:
Not be on probation. If you have a probation period, you must serve it fully before you may have a charge expunged.
Not have served any time in state prison. If you’ve served any time in state prison, you cannot have a charge expunged.
Not be facing another charge. You cannot have a charge expunged if you are currently facing another charge.
Certain types of crimes cannot be expunged. These include crimes that required you to serve a sentence in state prison, certain serious vehicle code violations, and serious sex offenses committed against children.
If you or a member of your family has been accused of a crime or if you learn that you are under investigation, it is in your best interest to contact Kareem A. Ramadan, a criminal defense attorney at Kareem Law APC, immediately. We can begin building your case as soon as you are informed of an accusation against you, taking the time to listen to your needs and uncover the circumstances surrounding your case.
If you are currently involved in a legal matter, our attorneys can represent you in Court. Since 2013, we’ve assisted countless clients with complex litigation. We can help defend you if you did not intend to commit a crime, were the victim of an unjust accusation, or were involved in an illegal law enforcement sting operation.
If you are under investigation or have been charged with an Expungement, you must act quickly to protect your rights by retaining an experienced drug defense attorney. You must immediately begin to plan your defense and discuss your legal options with a qualified attorney. The Kareem Law APC has successfully protected a number of individuals accused of drug crimes from unwarranted prosecution and severe criminal punishments.
Honorable And Determined Criminal Defense Attorney To Protect Your Future.
It can take anywhere from 30 days to 4 months or even longer if the court is really busy. Will there be a court hearing? Most misdemeanor dismissals/expungements are handled without a court hearing.
Serious sex offenses, child pornography, and certain vehicle offenses are not eligible for expungement. The full list of offenses not eligible for expungement, if probation was sentenced includes Misdemeanors under Vehicle Code Section 42002.1. Penal Code Section 286(c).
Although true expungement does not exist in California, there may be options to clean your record, depending on your situation. The law related to cleaning your record is complicated. If you ever get stuck, consider getting legal help.
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Los Angeles.
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