California Expungements: Penal Code 1203.4
Penal Code 1203.4 outlines California laws which govern expungements of criminal records. An expungement, sometimes referred to as a “dismissal“, discharges a person from the criminal conviction. Specifically, an expungement is a type of post-conviction relief which removes a person from the consequences of a conviction. It’s imperative to understand this penal code and the benefits that it may offer to those who have been accused and convicted of a crime, especially since it may potentially clear your criminal record.
What Does a California Expungement Do?
Under Penal Code 1203.4, an expungement essentially just discharges a person from whatever sentencing they were given due to being convicted of a crime. One powerful advantage that expungement offers is that an expunged conviction does not typically have to be disclosed to potential employers or institutions. As it stands, California law prevents employers from inquiring about an applicant’s previous criminal record until such a time when the employer proposes a legitimate offer of employment. However, once a conviction gets expunged, it doesn’t need to be revealed to an employer even after the employer makes a job offer.
Who is Qualified to Have Conviction Dropped Under California Expungement Law?
Someone who was sentenced for a crime in California is eligible for expungement provided that:
- They have successfully completed probation for the offense, and that they either
- Did not serve time in state jail for the offense, or
- Served time in state jail, however they would have served it in county jail had the crime been committed after usage of “Realignment” under Proposition 47.1
Who isn’t Qualified For an Expungement in California?
Individuals are not qualified for expungement in the event that they:
- are presently accused of a criminal offense,
- are on post trial supervision for a criminal offense, and/or
- are serving a sentence for a criminal offense.
Glendale Expungement Lawyers Can Help
Expungement is a huge step forward for many individuals who have been accused of a crime. This crucial step allows for a much easier re-entry into society and we can help you to get there! If you or a loved one may benefit from an expungement, give us a call at (310) 943-1171 for a free criminal defense consultation with one of our Glendale criminal defense attorney today.
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