EXPUNGEMENT EXPLAINED

Posted on: November 9, 2015 by in Criminal Defense
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Orange County criminal defense attorneyCalifornia Penal Code 1203.4

More than 70 million people in the United States have a criminal record. That makes them subject to scores of federal and state laws and regulations that restrict their rights, from voting to housing and employment to owning a firearm or obtaining a driver’s license. While some of the regulations make good sense, others have nothing to do with the original crime and conviction. Some of the regulations are arbitrary, unfair, and unreasonable. If you’re routinely turned away by employers, a criminal record may be the reason why. With help from an experienced defense lawyer, most California misdemeanors and some felonies can be expunged under California Penal Code 1203.4. Learn more about having your criminal record expunged by speaking right away with an experienced Orange County criminal defense attorney.

The current system’s basic unfairness was highlighted in May. Although there is no federal legal procedure that allows for the expungement of federal criminal convictions, a District Court Judge in Brooklyn took it upon himself to expunge a conviction he had personally handed down a decade earlier. District Court Judge John Gleeson noted the “adverse impact” the conviction for a minor insurance fraud charge has had on one woman’s ability to obtain employment. In his decision, Judge Gleeson wrote: “I sentenced her to five years of probation supervision, not to a lifetime of unemployment.”

Expungement permanently seals a criminal record from the general public – employers, landlords, and anyone else checking into your background. However, if you served a sentence in a California state prison, you are not eligible for expungement. Otherwise, if you need to have a criminal record expunged, speak with a criminal defense lawyer who routinely handles expungements on behalf of clients. Your attorney will review your record, and if you are eligible, your attorney will explain expungement and initiate the procedure. If something that happened years ago is preventing you from landing a job or is still detrimental to you in any other way, speak as quickly as you can with an experienced Orange County criminal defense attorney.

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