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California Expungement Process

“Affliction comes to us not to make us sad but sober;
Not to make us sorry but wise.”
HG Wells

 

The primary question of people who are working through the challenges of having a criminal record is, “Is there any way out of this?” That’s where expungement comes in. The legal definition of “expunge” is:

Expunge- The act of physically destroying information—including criminal records—in files, computers, or other depositories.

San Jase Criminal Defense Lawyer And Santa Clara Criminal justice Attorney

When your criminal record needs to be expunged in the state of California you will need to:

  • Petition that your criminal case be reopened in court
  • Have your guilty verdict plea withdrawn
  • Request to have your charges dismissed
  • The court will re-close the case, now with no conviction

In the state of California, there are three laws used in expungement:

  • Expungement with probation.
  • Expungement with no probation.
  • Reducing a felony to a misdemeanor. This can be achieved with certain felonies, commonly called “wobblers.”

Probation Is Complete, Now What?

Have you successfully completed your probation? You may be ready to pursue expungement. You need an advocate to help you avoid common pitfalls through the petition and court hearing process. Take advantage of the experienced counsel and seasoned criminal records expungement skills of Wesley Schroeder. Let’s get to work right away on your case and help you and your family pursue the best possible outcome.

What If I Violated Probation?

In the wake of a probation violation, is all hope lost? The state of California still has the discretion as to whether or not to grant your request for expungment. Here are a few questions the judge may ask in consideration of your case:

  • What evidence is presented that shows the defendant rehabilitation worthy of criminal record expungement?
  • What is the defendant’s criminal history?
  • How serious was the crime?
  • What was the defendant’s overall performance while on probation?
  • What dependents and family responsibilities does the defendant have?
  • Can the defendant find gainful employment?

An Advocate For Your Expungement

Whether you have successfully completed your probation, completed with a violation, or are getting ready to come to the end of probation, don’t hesitate to enlist the highest quality representation for you and your family. Let’s get to work today on having your name legally cleared may be a phone call away. Call (408) 277-0377 or contact us online to schedule your appointment with attorney Wesley Schroeder today.