Stockton Expungement Lawyer

Living with a past criminal conviction can feel like carrying a heavy burden. It hinders you from getting a great job, finding a safe place to live or building the future you truly deserve. The worry of a potential background check can create immense stress because you fear that old mistakes will always define who you are today.

At Bird & Van Dyke, Inc., our Stockton expungement lawyers can guide you through every step of this legal procedure from start to finish. As a former prosecutor and public defender, our record-clearing attorney, Mary Ann F. Bird, combines insight into the opposing side with comprehensive experience in criminal law. On behalf of Central Valley residents in Stockton, San Joaquin and other communities, she pursues expungement of convictions.

Understanding Expungement In California

An expungement in California involves a judge dismissing a qualifying conviction so that there’s reduced impact on your personal and professional life. In the state, this option does not actually offer true expungement in the sense of erasing or sealing your record. This means your underlying criminal history still exists in official state systems. When a judge grants your request, the court officially updates your record to show that a judge dismissed your original case after you completed your court-ordered requirements.

Who Can File For Expungement?

There are requirements that must be met before an individual will be eligible for an expungement. The applicant must first successfully complete their probation and pay all relevant fines. Consequently, if a person does not fulfill all of the terms of their probation – or if they are charged with another crime while on probation – they will likely not qualify for an expungement.

Alternatively, if the individual is not given probation following a misdemeanor conviction, they can seek an expungement after one year so long as they:

• Have not been charged with the commission of any crime
• Are not serving a sentence for any offense
• Have lived an honest and upright life and obeyed the law since the judgment
• Have fully complied with and performed any sentence issued by the court

It is important to note, however, that not all convictions can be expunged from a person’s criminal record in California, including many convictions related to various sex crimes.

Unfortunately, given the complexity of expungement laws, this article is barely able to scratch the surface of what an individual needs to know when seeking to expunge a criminal conviction. If you wish to learn more about criminal record expungement in the state, you should contact an experienced attorney to discover what your options may be.

A Closer Look At The California Expungement Process

We will guide you through every single stage of this timeline so the local court accepts your application without causing any unnecessary delays. Here are the steps to follow:

• Get your criminal history: You must request your official rap sheet directly from the California Department of Justice (DOJ).
• Fill out the paperwork: You must complete the Petition for Dismissal form CR-180 and the Order for Dismissal form CR-181 for each conviction. Some local courts also have their own specific forms that you must complete.
• File the documents: Your attorney can help formally file your finished forms with the clerk’s office in the specific county where the court recorded your conviction. You must provide a direct copy to the local prosecutor’s office.
• Attend the hearing: In some cases, you must attend a hearing where the assigned judge will carefully review all the submitted paperwork during your scheduled court date. They will decide whether they want to grant the official dismissal.

As your lawyers, we will help you secure proper documents after expungement. This way, you can prove to future employers that you completed the process and earned your dismissal.

Why Work With An Expungement Attorney

Working directly with a knowledgeable lawyer makes this entire court process much easier because we handle all the complicated paperwork and strict court deadlines for you. We know exactly how to present your situation to the court so that the judge feels confident approving your request for a dismissal.

Hiring our team gives you a major advantage when you apply for jobs because most employers run background checks during their hiring process. While an official background check will still show that your case occurred, it will clearly display that a judge dismissed the conviction. This proves to employers that you took full responsibility and completed all your court requirements after the arrest.

Common Questions About Expungement In California

Understanding the exact limits of a court dismissal helps you set realistic expectations for your career goals and personal background checks. At our firm, we answer these common questions from clients:

What crimes can be expunged in California?

You can generally ask a judge to dismiss most lower-level offenses and many serious offenses as long as you did not serve time in a state prison for that specific charge.

Does an expungement completely remove a criminal record in California?

An expungement does not completely remove or seal your record in California. However, it changes the official records to show that a judge officially dismissed your conviction.

How long does the expungement process take in California?

You can usually expect the entire process to take anywhere from three months to six months, depending on how quickly your local court handles paperwork.

Knowing these answers helps you make informed choices about your future. At Bird & Van Dyke, Inc., we stand ready to guide you through any remaining questions about your case.

Contact Our Stockton Expungement Attorneys Today

To learn more about our legal services involving expungement of a criminal record, contact Bird & Van Dyke, Inc., today. Call us at our office in Stockton at 209-507-0479.