Expungements and Pardons
In today's information age, anyone can find out about convictions you may have received in the past, and many employers perform background checks before hiring new employees. This means it is more important than ever to seek expungements of your criminal record. At Brennan Defense, I understand the importance of clearing your criminal record whenever possible, and I have extensive experience helping clients throughout the Sacramento area in obtaining expungements, pardons, and Certificates of Rehabilitation.
Expungements
Under California's Penal Code, an expungement (also called a dismissal) may be available in certain situations. If you were convicted of a misdemeanor, you are eligible to petition for expungement in the following situations:
If you were sentenced to probation, you are eligible if:
- You successfully completed probation or obtained early release;
- You made all of the monetary payments, including fines and restitution, required under your sentence; and
- You are not currently serving a sentence for another offense nor have you been charged with another offense.
If you were never sentenced to probation, you are eligible if:
- Your conviction was for a misdemeanor
- It has been at least one year since your conviction
- You have complied fully with your sentence
- You are not currently serving a sentence for another offense nor have you been charged with another offense
- And you have obeyed the law since your conviction
Even if you are still currently serving probation, an expungement might be possible if your petition to have your probation terminated early is approved. If you were convicted of a felony and sentenced to probation or imprisonment in county jail, we can assist you with filing a petition to have the charges reduced to a misdemeanor before we proceed with the expungement process.
While satisfying the above requirements means you are eligible to petition for expungement, it is still up to the court whether to grant it. Therefore, it is crucial that you hire attorneys who understand the process and have extensive experience filing expungement petitions.
Impact of Expungement
The general impact a dismissal has on your record is that, from that point forward, you are no longer considered convicted of the offense. The most significant affect expungement can have is when you apply for a job. If your conviction has been dismissed through this process, under most circumstances you can legally answer no to questions about whether you have been convicted of the crime, and a private employer cannot legally ask you about the conviction.
Pardons
In California, pardons are much more difficult to obtain than expungements, and are rarely granted. However, if you were convicted of a felony and sentenced either to state prison or under the authority of the Department of Corrections and Rehabilitation, it might be your only way to clean up your criminal record. Only the Governor of California or the President of the United States can grant pardons. To obtain a pardon, you can either apply directly to the Governor or first obtain a Certificate of Rehabilitation, which the Superior Court then sends to the Governor as your pardon application.
A pardon can have a significant impact on your life. Unless your conviction was for use of a deadly weapon, a pardon typically restores your right to own and possess a gun, and it may relieve you of your obligation to register as a sex offender. It also restores your right to vote and the other "rights, privileges, and franchises" to which you were deprived.
However, a pardon does not expunge the conviction from your record. You cannot tell a potential employer that you were never convicted of the crime, only that you were convicted and pardoned.
Certificate of Rehabilitation
If you were convicted of a felony and sentenced either to state prison or under the authority of the Department of Corrections and Rehabilitation,a Certificate of Rehabilitation might be your only option. The certificate is a court order saying that you have been rehabilitated following your conviction. It is obtained by filing a petition with the Superior Court where you live a minimum of five years after your release from prison, probation, or parole. The process is lengthy and complicated, and it is important that you are represented by attorneys who understand the process and how to successfully obtain these Certificates.
Seek Experienced Legal Representation
If you are interested in cleaning up your criminal record, it is important to consult with an experienced Sacramento criminal attorney who understands the procedures and laws that apply to expungements, pardons, and Certificates of Rehabilitation. I can evaluate your case and inform you of all of the options available. To schedule a free consultation to discuss your options, contact Brennan Defense today.
