Information You Need from an Expungement Attorney San Francisco CA Respects
Christopher Morales is a certified specialist in criminal law who founded The Morales Law Firm in 1991. As an expungement attorney in San Francisco CA, his depth of experience handling a wide range of criminal law cases has enabled Mr. Morales to achieve tremendous success assisting his fellow community members. If you or a loved one would like to know more about the process of expungement and if this is an available avenue, contact us today and request a free consultation to discuss your circumstances with our expungement attorney in San Francisco CA.
Expungement of Adult Criminal Records
As you may have already experienced, when one has a criminal conviction on their record it can complicate applying for a job, securing a living arrangement, get a loan, and much more. As our expungement attorney in San Francisco CA might tell you, this can be true regardless of how law abiding you have been since your conviction. For many people, the solution is to erase their criminal record with the assistance of an expungement attorney in San Francisco CA from The Morales Law Firm.
What is an expungement?
An expungement in this context is a legal process whereby a person’s criminal record is erased or destroyed. Sometimes it is referred to as “sealed.” This process is available in San Francisco CA with the help of an expungement attorney. After a particular arrest or conviction is expunged from your record, nobody has to know about it unless you tell them. Legally, it’s as if the conviction had never happened.
Not everyone is eligible for expungement. When you meet with our expungement attorney in San Francisco CA during the initial consultation, you will learn if you qualify. Some of the criteria that may be considered include:
- What was the nature of the crime for which you were arrested and/or convicted? If the crime was particularly egregious, the individual may not be eligible for expungement. Your expungement attorney in San Francisco CA can advise you as to whether or not your crime or crimes might exclude you from the process.
- Were you simply arrested, or were you convicted of the crime? You may have a better chance if you were not convicted, but a conviction does not necessarily preclude expungement.
- How much time has passed since you were convicted or arrested? Your expungement attorney in San Francisco CA can tell you if you must complete a waiting period before you can proceed.
- Have you completed your sentencing, diversion program, probation, and any other mandated terms for your conviction that you wish to expunge? Very likely you will have to complete these requirements before you can pursue expungement.
- Have you re-offended since the time of your conviction? Is the newer offense for the same crime as the initial conviction? Is it more serious? Again, this is something that must be taken into consideration by your expungement attorney in San Francisco CA.
If you would like to know more about expungement, and if you are eligible, contact The Morales Law Firm without delay. Discover your legal options from an expungement attorney San Francisco CA residents have relied on since 1991.
All too often, even after and arrest or a sentenced is served, those with marks on their criminal record still face significant obstacles in their lives. If you are still feeling the consequences of an arrest or conviction, even after you’ve served your time, it may be in your best interest to contact a expungement lawyer in San Francisco, CA to learn if you are eligible to have your criminal record sealed. It could be the first step to getting your life back.
There are options available to potentially have your criminal record expunged. The attorneys at The Morales Law Firm can assist you in understanding the expungement process, as well as determining your eligibility for having your record sealed.
Expungement in California
A new California law allows people who were arrested but never convicted to have their California arrest records sealed as a matter of right (automatically). Sealing an arrest means the record will not show up on most criminal background checks in California. This excludes background checks from law enforcement.
This law is now codified in several Penal code sections, including California Penal Code 851.87 PC. This code outlines the following reasons a record could be sealed as a matter of right:
- Criminal charges were never filed,
- Criminal charges were filed but later dismissed,
- The defendant was found “not guilty” (acquitted) in a jury trial,
- The defendant’s conviction was vacated or overturned on appeal, or
- The defendant successfully completed a pretrial diversion or pre-sentencing program, such as Prop 36 drug treatment or Penal Code 1000 deferred entry of judgment.
An exception to sealing an arrest record as a matter of right is when the person arrested has a history of arrests and/or convictions for:
- Domestic violence,
- Child abuse, and/or
- Elder abuse.
But even in these cases, an arrest can still be sealed if a judge determines that doing so would serve the interests of justice.
What are the benefits of sealing an arrest record?
As a San Francisco expungement attorney can explain, criminal records are public records. This means that anyone can access another person’s criminal history.
This could put a negative mark on you first impression to prospective employers, apartment owners, state licensing agencies, insurance companies — even potential dating partners — if they run a background check on you. Often, any kind of record will hinder or cease progress on any of the above mentioned opportunities.
However, once an arrest record is sealed, members of the public can no longer see it. The arrest record, police investigative reports, photos, fingerprints and court records will be inaccessible, except for limited use by the State or criminal justice agencies.
Contact A Lawyer Today
Having a blemish on your criminal record can create significant obstacles in your life. At The Morales Law Firm, we have dedicated our lives to helping our clients fight for their rights. No one should have to suffer as a result of a mistake. Contact an expungement attorney San Francisco CA residents trust from our firm, today.