Making mistakes is a part of life. However, you don’t want a simple mistake you made decades ago to dictate your future. Unfortunately, when you are charged with a crime in California, you will still have a criminal history that the general public could access. The criminal records will affect your future. Fortunately for you, the law allows the court to remove the criminal records, offering you a clean slate.
Expungement means a conviction or guilty plea on your criminal record is withdrawn. Then the court will replace it with a not guilty plea. Although the court in California grants expungement, not every conviction will be eligible for expungement. So, when you face conviction or charges for a crime, you want to seek legal help from an experienced criminal defense attorney. The attorney will first help you understand the effects of the criminal record and why you should seal them.
What are The Benefits of an Expungement?
When the court grants you expungement to your criminal records, many entities will not view or see documents related to your prior conviction. But, the law enforcement officers may still access the records. Expungement of criminal records is beneficial to everyone. It's essential, especially for those testifying in court, seeking employment, facing immigration issues, testifying IN court, and seeking professional licenses. The following are the common benefits associated with an expungement in California:
It Becomes Easier to Rent a House
A great benefit of expunging your criminal records is you will be eligible to rent a house. Many landlords perform background checks before they rent a tenant. So, the background checks will reveal your probation status, arrests, and any prior convictions. Also, other landlords will require you to fill an application form and answer whether you had any prior conviction. But all the expunged convictions will not appear in your records. Remember the database background agencies will require to update their database after you expunge the records.
The landlords and property management agencies are lawfully allowed to deny you a rental application because of your past criminal conviction. Expunging your criminal records will allow you to rent your dream house. The property managers or landlords will have no reason to deny you the application, making it easier to snatch up an apartment or house that’s perfect for your family. Speak with your skilled criminal defense attorney, and they will assist you in expunging your criminal records.
You May Volunteer in the Community or at Your Child’s School
Do you have a child and want to volunteer at their school? Or are you volunteer-minded and want to give back to your community? Your ability will be limited when you have a criminal conviction. Many positions involving at-risk populations or children will require a background check. Even when you are highly trained, you will be denied participation. Even a long-time firearm possession conviction on your criminal records will prohibit you from walking along with your child on their first trip to their school. So, clear and seal up your criminal records, and you will be eligible to work as a volunteer again! Don’t wait for the situation to push you; expunge the criminal records now.
You Will be Eligible to Perform Civic Duties at the Court
Another great benefit of expunging your criminal records is the court will not use your previous convictions to deny your credibility as a witness at the court proceedings. When you have a prior conviction at the state or under federal laws, the other side might bring a motion about your prior conviction to challenge your credibility. However, when the court has expunged your convictions, they will not be allowed to question your credibility.
The expungement may greatly help you; for instance, you are sued by someone else for damages in a lawsuit, and your evidence and testimony are critical to your case outcome. By expunging your criminal record, the court will consider you as a credible source. Speak with your criminal defense attorney soon after your conviction, and they will help you expunge a criminal record. The attorney will also help you understand how erasing the criminal record will give you credibility to appear as a court witness. If you don’t have a criminal defense attorney, you may speak with our qualified criminal defense attorneys from Los Angeles Criminal Attorney to provide legal help.
Obtaining Professional State Licenses
Depending on your career interest or path, a criminal record may hold you from achieving your goals. Many experts and professionals like the medical profession and legal experts require a license before operating. The same will also apply to real estate and contractors professionals. Other positions which will require licensing include:
- Court interpreter or reporter.
- Delivery drivers.
- Any position where you will need a special security clearance.
- Private investigators.
- Department of administrative services and department of justice, including contracts, volunteer roles, and full time.
Even when you expunged the criminal records, the law will still require you to disclose the previous conviction in response to any question. Also, other licensing agencies will need to know whether you successfully expunged the records. When you are seeking a state license, a criminal record will be a barrier. Thus expunging the criminal records will be an advantage before you seek a California license. Don’t let the criminal records hold back your career.
Job Application
Background checks are recently becoming more among employers seeking to hire new employees. Almost every person with a criminal record is an employee or wants to seek employment in the future. Thus the main benefit for expunging a criminal record is to become eligible to seek employment despite the previous convictions. Nowadays, many employers will conduct a background check before they hire you as their employee. The background checks will reveal your records of arrest and convictions also, whether you have ever been put under probation period. Many employers will also ask you whether you have ever faced any conviction and, if yes, why.
However, the great benefit of expunging a criminal record is you will be confident to tell the employer that you have never been arrested or convicted of any crime. Also, the employer cannot consider an expunged criminal record when deciding whether they will hire you to work in their company or business.
The law also disallows employers from asking you about an expunged misdemeanor charge. Thus if you have an active criminal record and you have never sealed it. The right time to expunge the record is now. Don’t wait until you are turned down when seeking a job in California and the entire US. With the help of your criminal defense attorney, you will have your records expunged lawfully.
-
California PC 1203.4
As per the law, a private employer cannot ask you about any misdemeanor conviction dismissed under 1203.4. The state’s law says it's illegal for the employer to seek or inquire your information about:
- Any arrest or detention which never resulted in a conviction
- Your prior conviction has lawfully been eradicated, expunged, or sealed. Also, the employer will not ask about a misdemeanor conviction for which you have completed the court-ordered probation, and the court has dismissed the case as per PC 1203.4
- Any arrest with a pretrial diversion has been completed as per PC 1001.5 and 1000.5.
Have a Personal Satisfaction
You may make a mistake in life but still, live a crime-free life. Many people express a great sense of relief when they obtain an expungement. Although it doesn’t magically erase your past, it will help bring redemption from a mistake you made and start a fresh chapter in your life. It's stressful to live a life full of doubts because of a mistake you made years ago. Start by speaking with your criminal defense attorney, and they will help you expunge a criminal record and have a new chapter in your life.
Join Professional Association/Organizations
Every person is happy and willing to join a professional organization. Unfortunately, many professional organizations or associations will conduct a background check before you join them. Thus when you have a past criminal conviction, the chances of joining a professional organization will be limited. However, expungement of your criminal records will help minimize the impact of criminal records since no record will show up. An expunged criminal record will not appear in the database once the company performs a background check.
You Will Be Free to Travel Internationally
Did you know a minor conviction may limit your ability to walk around the globe? Your criminal history travels with you. Based on your previous convictions, the law may prohibit you from traveling to foreign countries completely. Certain convictions like felony drug crimes will revoke your passport.
When you face a conviction for driving under the influence of drugs and alcohol, entering different countries will become a challenge. For instance, Canada views driving under the influence of alcohol as a felony conviction, and thus you cannot drive into the country. But, Canada also investigates whether the conviction is expunged. When you have expunged the prior conviction, then they will grant you entry to the country.
Since every country handles its criminal offenses differently, you want to research ahead of your travel. You should expunge a criminal record and stop your criminal records from grounding your travels. Don’t wait until the day of traveling to receive a surprise from the country you want to visit. Expunge your criminal records now and become free to travel internationally.
School Application
When you apply for a university, college, or trade school, the institution may conduct a background check to investigate your criminal records. Unlike in employment rules where the law prevents the employer from holding a conviction against you after expunging the records, schools and learning institutions are not prevented from considering your criminal records.
When the admission office asks you whether you have ever been convicted of a crime, you should answer yes even when the case was expunged. But, having your criminal records expunged will help you. Remember, the admission staff will investigate your prior conviction but later learn it was expunged.
You Are Allow to Adopt a Child
If you hope to adopt a child shortly, you want to examine how criminal records affect you. For instance, when you have an offense against a child or even a sexual offense against a grown-up, it will hinder you from adopting a child. Other prior convictions may also affect you. But by expunging your past criminal record, you will be eligible to grow your family by adopting different children. Discuss with your criminal defense attorney the effects of criminal records on child adoption and learn your mistakes earlier.
Maintain Your Reputation
Your reputation is essential, and every person will take pride in maintaining a good image in society. How does the community speak about you when you have a criminal record? Do you feel confident in society knowing you have a criminal record? Sealing or destroying your records will allow you to continue protecting and developing your reputation because you can forget your past criminal records and have a fresh start in your life.
Stay Relaxed Knowing Your Future is Bright
The great benefit of expunging your criminal records is the peace of mind which comes with it. Everyone feels happy when they learn their future is bright. It will be challenging to feel you are a whole part of society when you have a criminal record. You might feel stuck in a rut because of them. So don’t let the small mistakes you made several years ago dictate your daily life now. Expunge the records today, and you will enjoy the freedom and have a confident future. Speak with your criminal defense attorney, and they will assist you in expunging the criminal records.
Benefitial to Immigrants
An immigrant facing a conviction in California may face deportation, making expungement advisable. Expungements for certain crimes like Burglary and DUI will make the immigrant qualify for deferred actions for childhood arrivals. But the expungement will not help the immigrant overturn their license suspension or revocation, restore their rights to own or possess a gun or even end their responsibilities as sex offenders. So, if you are an immigrant and face a criminal conviction in the US, it's recommended you expunge the records as soon as you become eligible to expunge them.
You Can Own a Firearm
Before purchasing a gun from a licensed gun dealer, the law requires you to undergo a background check. The federal rules prohibit every person facing a felony conviction and various misdemeanor convictions from owning a gun. So, when your background check reveals you have a past criminal conviction, your ability to possess a firearm becomes limited. When you expunge your criminal records, you will qualify to own a gun. Also, you will not be disqualified from a hunting or other recreational license. Thus expunge your criminal records and become eligible to possess a firearm today. Start by discussing with your criminal defense attorney, and they will assist you in sealing the records.
Social Reasons
Many low-cost and free resources allow people to check their criminal records by typing certain information about themselves. However, having your criminal records expunged will minimize the impact the conviction has on your relationship with the community, family members, and friends. Thus expunge your past criminal records and enjoy low costs and free resources in your community. Work with a competent criminal defense attorney to help you expunge the records.
You Become Eligible to Receive Better Loans
A background check will be conducted when applying for either a home mortgage, a student loan, or other loan form. Since the lender cannot deny you the loan due to sex, religion, age, or marital status, they may deny it when they discover you have a past criminal conviction.
Please don’t make any mistake by claiming because your conviction involved a less severe crime; it won't bring any problem in the future. When it comes to obtaining a loan, a conviction will affect the terms of the loan amount and your interest rates.
However, sealing or expunging the criminal records will allow you to obtain large loans at fair rates and interests. Thus don’t allow yourself or your family to suffer financially due to a small mistake you made years ago. An expungement will help you obtain the loan you deserve.
Contact a Criminal Defense Attorney Near Me
A conviction in California may ruin your entire life leaving you unable to seek a job, state license and even affect your current job. Thus it's recommended you seek legal advice from your criminal defense attorney. The attorney will help you know whether you are the right candidate for expungement. But, ensure you work with a competent attorney conversant with California laws.
Stop beating yourself for the past mistakes! At Los Angeles Criminal Attorney, we will provide you with experienced legal assistance in obtaining expungement for your criminal records. Call us at 424-333-0943, and our skilled attorneys will work on your case as soon as possible.