In California, the possession for sale of methamphetamine, as defined under Health and Safety Code § 11378 (HS 11378), is a serious offense that can have long-lasting consequences. However, individuals may wonder if it is possible to have a HS 11378 conviction expunged from their record.
Expunging a conviction under HS 11378 in California can be a complex process. Firstly, understand the eligibility criteria and follow the proper legal procedures to increase the chances of a successful expungement. Although not all convictions under this statute may be eligible for expungement, having a clear understanding of the process and seeking the right legal guidance can greatly enhance the likelihood of successfully clearing one’s record. This legal remedy reflects California’s dedication to rehabilitative justice and provides individuals who have shown reform and compliance with the law a second chance at a clean slate.
In this blog post, we will delve into the latest California law regarding expungement of HS 11378 convictions, exploring the eligibility requirements and the potential benefits of seeking expungement.
Expungement is a legal process that allows individuals to request the court to dismiss their conviction and remove it from their criminal record. Although expungement does not completely erase the conviction, it can provide significant benefits by:
- Expunging a conviction can enhance employment prospects by allowing individuals to truthfully state they have not been convicted of a crime (with some exceptions).
- Many professions and occupations require individuals to hold specific licenses. Expunging a conviction can help in obtaining or maintaining these licenses.
- Expunging a conviction can improve chances of securing housing by eliminating the negative mark on a criminal background check.
Eligibility for Expungement of HS 11378 Convictions
The eligibility for expungement under the latest California law depends on various factors. The requirements for expunging a HS 11378 conviction in California are as follows:
- Completion of the sentence: First and foremost, individuals seeking expungement must have successfully completed the terms of their sentence, including any probation, jail time, and payment of fines.
- Felony reduction to a misdemeanor: Under Proposition 47, passed in 2014, some low-level drug offenses, including HS 11378, are eligible for reduction from a felony to a misdemeanor. If the conviction has been reduced, individuals may be eligible for expungement as a misdemeanor.
- Time eligibility: Generally, there is a waiting period before one becomes eligible for expungement. In California, this period is typically either one or two years from the date of sentencing.
- Good conduct: Applicants must demonstrate good conduct during their probation or parole period and afterward. This includes no new criminal convictions or violations of probation.
- Not serving a current sentence: Individuals who are currently serving a sentence for any offense are not eligible for expungement until they have completed their sentence.
The Expungement Process
To initiate the expungement process for a HS 11378 conviction in California, the following steps are generally involved:
- Step 1: Consult with an Attorney. Seeking the advice of a knowledgeable criminal defense attorney is crucial. They can assess your case, evaluate eligibility, and guide you through the expungement process.
- Step 2: An attorney will prepare and file a petition for expungement with the appropriate court, providing detailed information about your conviction, sentence completion, and reasons for seeking expungement.
- Step 3: The District Attorney’s office will review the petition, and if no objections are raised, the expungement may be granted without a hearing.
- Step 4: In some cases, a court hearing may be required to determine if expungement is appropriate.
- Step 5: The judge will make a decision after considering the petition, any objections from the prosecutor, and any relevant facts presented during the hearing.
- Step 6: If the judge grants the expungement, the conviction will be dismissed, and the record will be updated accordingly.
Please note: Expungement does not restore gun rights and does not prevent the conviction from being used as a “prior” in future prosecutions.
Consulting With Criminal Defense Attorney and Staying Informed
Navigating the expungement process can be complex, especially with the ever-evolving laws and regulations. Therefore, it is crucial to consult with an experienced criminal defense attorney who is familiar with the latest California law regarding HS 11378 expungement.
There might be variations in how expungement laws are applied in different counties or courts within California. Staying informed about the changes in California law, seeking guidance from reputable legal resources, and understanding the eligibility requirements are vital steps towards exploring expungement opportunities effectively.
While a HS 11378 conviction for possession for sale of methamphetamine carries serious consequences, it may be possible to have the conviction expunged under the latest California law. Expungement offers individuals the chance to move forward with their lives, free from the burdens of a criminal record. By understanding the eligibility requirements and seeking proper legal guidance, those affected by a HS 11378 conviction can explore the possibilities of expungement and embark on a new chapter.
If you find yourself facing a HS 11378 charge and want to explore the possibility of getting it expunged, have a skilled and experienced criminal defense attorney by your side. At Tabibnia Law Firm, Cyrus Tabibnia specializes in criminal defense and has a proven track record of achieving favorable outcomes for his clients. Contact Cyrus Tabibnia today to discuss your case and find out how he can help you navigate the complexities of the California legal system.
Note: This blog post provides an overview of the topic and should not be considered legal advice. Expungement eligibility can vary based on individual case details. Each case may have unique circumstances that could affect eligibility and outcomes. For accurate and specific guidance concerning HS 11378 expungement in California, consult with a qualified attorney. For the most accurate and up-to-date information, it’s recommended to consult with a legal professional who is current with California law as of 2023 or later, or to refer to the latest legal resources and official state publications.
Remember, each case is unique, and it is essential to consult with an attorney to receive personalized advice and guidance throughout the process.
If you are living in Los Angeles or anywhere in Southern California and have been issued a restraining order or accused of violating an existing one, it would be beneficial to work with an experienced lawyer specialized in this field.
Cyrus Tabibnia, a restraining order defense attorney at Tabibnia Law Firm, is available to guide you. He will provide you with the aggressive defense you need to protect your freedom and reputation. You can reach him anytime 24/7, 365 days a year at 866-713-2159 for a free consultation and prompt assistance with your needs.
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