RIVERSIDE COUNTY EXPUNGEMENT LAWYER
If you are seeking to clean up your criminal record or an expungement, contact Riverside County expungement attorney Cyrus Tabibnia who has handled hundreds of expungements in the Riverside County area. Cyrus is a criminal defense attorney from the Tabibnia Law Firm which is based in Southern California, and he handles expungements in Riverside County County and nearest areas.
Many people who have been convicted of crimes fear that the conviction will remain on their record throughout life and affect future jobs, housing or educational opportunities. However, with the help of an experienced Riverside County expungement attorney, many people who have been convicted can get their records cleared. This means the individual can rest easy, knowing that potential employers and other organizations that conduct criminal background checks will not be swayed by the negative stigma that accompanies criminal conviction.
What is expungement?
In order to get a conviction expunged from one’s record, it must be ordered by the judge who presided over the original trial. Expungements and pardons are two distinct legal remedies that can be used to clear an individual’s criminal record. While both can be used to remove the conviction from an individual’s record, they differ in how they are granted and their legal effects. Pardons are granted by public officials, such as state governors or the President, and do not require the conviction to be removed from an individual’s criminal record. Instead, they are a form of forgiveness, indicating that the individual has been rehabilitated and is no longer considered a threat to society.
Pardons do not erase the conviction, but they may help to mitigate the consequences of having a criminal record, such as difficulty finding employment or housing. On the other hand, expungements are a legal process that actually removes the conviction from an individual’s criminal record. In order to qualify for an expungement, the individual must typically meet certain eligibility requirements, such as completing their sentence and demonstrating that they have been rehabilitated. Expungements are intended to clear an individual’s record and allow them to move on with their lives without the burden of a criminal conviction.
Overall, it is important to understand the differences between pardons and expungements and how they can be used to clear an individual’s criminal record. After being found guilty, one of the biggest fears that most individuals have regarding criminal conviction is that their crimes will remain on their permanent record and affect the rest of their lives. With help from a skilled Riverside County expungement attorney, however, many of these convictions can be wiped from the person’s criminal record. This means the individual can rest easy, knowing that potential employers and other organizations that conduct criminal background checks will not be swayed by the negative stigma that accompanies criminal conviction.
It is crucial to hire an attorney who has experience in this field, as there are a variety of laws that dictate the types of charges that are eligible for expungement and who can have these convictions removed from their record. Since it is vital to ensure one’s livelihood by maintaining a clean record, the Riverside County expungement lawyers at Stein and Marcus Law focus our attention on our clients’ interests and seek solutions that provide for the best future.
Who Is Eligible for Expungement in California?
There are certain circumstances in which an individual may not be eligible for expungement, including:
- Convictions for serious sex offenses against minors
- Individuals who have served time in state prison, whether as part of their original sentence or due to violating probation.
- Individuals currently serving time for another crime.
- Individuals currently on probation for any crime.
- Individuals currently charged with a crime.
It is important to note that these are general guidelines and eligibility for expungement may depend on the specific details of an individual’s case. It is always advisable to consult with a qualified attorney to determine if you are eligible for expungement.
Why Should I Hire an Expungement Lawyer?
First and foremost, an experienced expungement lawyer will have a thorough understanding of the legal process and requirements for expungement in your state. They will be able to advise you on your eligibility for expungement and help you navigate the process, including gathering and preparing the necessary documentation and representing you in court.
An expungement lawyer will also be able to advocate on your behalf and present a strong case for why your criminal record should be expunged. This is particularly important if you are facing opposition from the prosecution or other parties who may be opposed to your expungement.
Additionally, an expungement lawyer can help you understand the potential consequences of an expungement and advise you on how to best protect your rights and interests throughout the process. They can also assist with any issues that may arise during the expungement process, such as negotiating plea deals or handling appeals.
Overall, hiring an expungement lawyer can significantly increase your chances of success in obtaining an expungement and help you move on with your life without the burden of a criminal record.
How Much Does It Cost to Hire a Lawyer for Expungement
In general, you can expect to pay anywhere from a few hundred dollars to several thousand dollars for expungement legal services in Riverside County. It is important to shop around and get quotes from multiple lawyers to get an idea of the range of prices for expungement services in your area.
Many expungement lawyers in Riverside County offer free initial consultations, during which you can discuss the specifics of your case and get a better understanding of the potential costs involved. Some lawyers may also offer flexible payment plans or take cases on a contingency basis, which means that they will not charge you unless they are successful in obtaining an expungement for you.
It is also worth considering that the cost of hiring a lawyer for expungement may be more than offset by the benefits of having your criminal record expunged. An expungement can improve your job prospects, housing options, and overall quality of life, and may ultimately be a worthwhile investment in your future.
How Much Does It Cost to Get Your Record Expunged in California?
In general, you can expect to pay anywhere from a few hundred dollars to several thousand dollars to have your record expunged in California. The exact cost will depend on the specifics of your case and the lawyer you choose to represent you.
There are a few costs to consider when getting your record expunged in California.
- First, you may need to pay a fee to the lawyer you hire to handle your expungement. This fee will typically be based on the complexity of your case and the amount of time and resources required to handle it.
- Second, you may need to pay court costs and other expenses associated with the expungement process. These costs may include filing fees, service of process fees, and fees for obtaining copies of your criminal record.
Finally, you may need to pay for additional expenses, such as the cost of obtaining documentation or other materials needed to support your expungement petition.
Overall, it is difficult to provide an exact cost for expungement in California, as it will depend on the specifics of your case and the lawyer you choose to represent you. It is always a good idea to shop around and get quotes from multiple lawyers to get an idea of the range of prices for expungement services in your area.
Important Information to Gather When you Consult an Attorney
There are several important questions to ask when meeting with a Riverside County Criminal Defense attorney to discuss expunging your criminal record. These include:
- How long will my case take to complete? Each case is unique, so it is important to ask your attorney for an estimated timeline.
- What are my responsibilities in the expungement process? Your attorney may need you to provide certain information or documentation, so it is important to understand what you will need to do.
- What will the legal fees be, and what does that include? It is important to know the cost of your attorney’s services and understand exactly what services are included in the fee.
- Is my case eligible for expungement? It is important to understand the legal basis for expunging your case, so be sure to ask your lawyer about the specific provisions of the law that allow you to petition for expungement.
Asking these questions will help you understand the expungement process, your responsibilities, and the likelihood of success in your case.
Example
I was convicted of a DUI back in 2009. I’m still embarrassed by it. But worse, I keep being asked about this conviction on job applications and interviews, and I’m pretty sure that I’ve been denied employment, on a number of occasions, because of this. My friends tell me that I can have the conviction removed from my record. Is that true? Can you assist with that?
Matthew S.
Hi Matthew,
I understand how you feel, but there’s really no reason to feel embarrassed. We’ve had at least one past United States President and numerous successful public figures who have had arrests or convictions involving a DUI, so obviously, it’s not the end of the world!
Your predicament isn’t unique. In the past, a person’s criminal record was unlikely to be discovered by anyone. But today, with the emergence of information companies, indexing of criminal records into national databases and advent of new technology, it’s become a lot easier for potential employers, professional organizations and agencies to conduct background checks. So, it’s a good idea to look into what you can do about your DUI conviction. The good news is that it’s become relatively easy to expunge California criminal records. An expungement often offers you a “fresh start” from an otherwise questionable past.
Common Questions Regarding Expungements
Are you eligible for expungement?
Generally, in order for you to be eligible to expunge your criminal records in California,
you need to meet the following criteria:- You were convicted of a misdemeanor or felony offense.
- You successfully completed your probation in its entirety, including paying fines, and completing the required classes and community service.
- You are not currently being charged with a new criminal offense, are not on probation or serving a sentence for a criminal offense.
- You did not commit any new crimes while you were on probation for the underlying conviction.
When are you NOT eligible for expungement?
- If you were sent to state prison for the conviction.
- If you were convicted of a serious sex offense against children, including Penal Code 286(c), Penal Code 288, Penal Code 288a (c), or Penal Code 261.5(d).
How does an expungement benefit you?
- Helping you obtain employment – by law, a potential employer may not discriminate against you for a conviction that has been expunged.
- An employer may not even ask about an arrest that led to a conviction which was later expunged.
- Expunged convictions cannot be used to challenge or question your credibility as a witness in court.
- Expungements are often valuable in helping to secure or maintain California professional licenses and for joining many professional organizations.
- An expunged conviction may potentially help you to avoid certain immigration consequences of a conviction. You should consult with an immigration lawyer if you have additional questions.
What an expungement does NOT do for you
- An expungement will not reinstate certain California gun rights which were taken away as a result of the conviction.
- An expungement will not overturn a driver’s license suspension or revocation.
- An expungment will not end your duty to register as a California sex offender under Penal Code 290.
- There are other limitations to what an expungement will accomplish, including assisting with certain immigration issues.
How does the expungement process work?
To get a court to order an expungement, there are a number of steps that your attorney must follow:
- He/she must analyze and research the case facts and applicable law in order to determine whether your conviction is eligible for expungement.
- Your attorney must then file the appropriate paperwork and timely notify the prosecutor with the requisite 15 days’ notice prior to the expungement hearing.
- Your attorney must then attend any expungement court hearing that the court sets. Please note that, sometimes, the court will grant an expungement absent a hearing.
What if you violated or didn’t satisfy your probation?
If you failed to successfully complete your probation, and you received a probation violation, obtaining an expungement becomes more difficult. Still, by law, the court has wide discretion to consider your application, and may hold a special hearing to assess whether you are still a good candidate for expungement.
In considering your application for expungement when there has been a probation violation, judges may consider a number of factors, including:
- Your overall performance while on probation,
- The severity of the underlying conviction,
- Any other criminal history you may have,
- Evidence of your character and background, including your ties to the community, whether you support your family, if you are continuing your education, the type of employment your are seeking, among others.
I hope this information helps. And please contact me if I may help you further!
Does Hiring an Attorney Guarantee That a Record Will Be Expunged?
Hiring an attorney does not guarantee that a criminal record will be expunged. The expungement process is complex and involves a review of the specific circumstances of your case, as well as the laws and regulations that apply to expungement in your state.
While an experienced expungement lawyer can increase your chances of success, the outcome of your case will ultimately depend on the specifics of your situation and the strength of your petition.
Are There Any Limitations to What an Expungement Can Do?
There are certain aspects of a criminal record that an expungement will not affect. These include:
- Sex offender registry requirements: If you are required to register as a sex offender, expunging your record will not change that requirement.
- Influence on future criminal cases: Expunging your record will not prevent a prior conviction from being considered in determining your sentence for a new criminal offense, such as a DUI.
- Ability to possess or own a firearm: Depending on the laws in your state, you may still be prohibited from owning a firearm or possessing certain types of weapons after your record is expunged.
It is important to understand these limitations so that you have realistic expectations about the potential benefits of expungement. An experienced expungement lawyer can help you understand the potential consequences of an expungement and advise you on how to best protect your rights and interests.
How Long Does the Process of Expungement Take?
The length of time it takes for an expungement to be completed can vary widely depending on a number of factors. Some of the things that may impact the timeline of the expungement process include:
- The amount of time that has passed since the conviction: In general, the longer it has been since the conviction, the longer the expungement process may take.
- The availability of the case file: If the case file is stored off-site or is not currently in the courthouse computer system, it may take longer to access and review the necessary documentation.
- The type of offense: Misdemeanor cases may take less time to expunge than felony cases.
- The complexity of the case: Cases that involve multiple convictions or extensive criminal histories may take longer to resolve than simpler cases.
- The need for a probation report: In some cases, the court may request a probation report before a hearing can take place, which can add additional time to the process.
Overall, the expungement process can take anywhere from a few months to several years, depending on the specific circumstances of your case. An experienced expungement lawyer can give you a better idea of the expected timeline for your case and help you navigate the process.
Does an Expungement Mean That All Records Will Be Erased and Destroyed?
Expungement in California does not necessarily mean that all records related to a criminal conviction will be erased and destroyed. Instead, it means that the conviction will be dismissed and the case will be closed to the public. However, some government agencies, such as law enforcement, will still have access to the records.
Additionally, expungement only applies to certain types of convictions and does not completely eliminate all consequences of the conviction. For example, if an individual was convicted of a sex offense in California, they would still be required to register as a sex offender, even if their conviction was expunged.
It's important to note that the specific rules and requirements for expungement in California can vary depending on the type of conviction and other factors. It's advisable to consult with an attorney to understand the specifics of your situation and the potential implications of an expungement.
Will Getting a Case Expunged Affect One’s Ability to Travel Internationally?
In general, getting a case expunged will not affect a person's ability to travel internationally. However, it is important to note that certain countries may have their own laws and restrictions on who is allowed to enter, and a criminal record may be taken into consideration when determining whether to grant a person a visa or other travel documents. In some cases, a person with a criminal record may be required to disclose their record when applying for a visa or other travel documents, and the country may use this information to determine whether to grant the person entry.