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California Misdemeanor Expungement Frequently Asked Questions California Flag

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What will show-up when someone does a background check?

What appears on a background check depends on the type of background check that is used.  If the employer does a standard commercial background check, the chances are the conviction and the case will not appear.  If the employer requires you to submit fingerprints and provide a copy of your CA Dept of Justice report, it will show that there was a case, but it was dismissed and there is no conviction or finding of guilt.

Can it still be used against me?

An expunged case can be used in the sentencing for a subsequent conviction.

Do I ever have to disclose it?

The only time you have to disclose the expungement is in three narrow circumstances. (1) If contracting with the CA State Lottery Commission.  (2) When applying for public office (mayor, congressman, etc.) (3) When applying for a state license.

Can I become a schoolteacher, nurse, or other occupation?

You can truthfully say you were not convicted to any question for employment.  In most circumstances, California law (Labor Code section 432.7) prevents employers from asking an applicant to disclose arrests that did not lead to convictions or where a diversion program was completed.  The only time you have to disclose the conviction is in three narrow circumstances. (1) If contracting with the CA State Lottery Commission.  (2) When applying for public office (mayor, congressman, etc.) (3) When applying for a state license.  Having your record expunged will greatly increase your chances.

Do I need to hire an attorney?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record.

Do I have to go to court?

No, we go for you.  If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

How long does the process take?

Typically, most cases take about four to six months depending on the court.

Can it be done faster?

The courts work on a first come, first serve basis.  Therefore, the sooner you sign up, the sooner it is heard and decided.  If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed.  If your conviction is in Orange County, there is a faster process that we can complete and we charge an expediting fee for that service.

Does it matter if I pled guilty or no contest?

No, it does not matter.  We can expunge your conviction regardless of what you pled

What are the details of the guarantee?

If we are unable to succeed on your case, we give you your money back, except for the fees paid to the court (normally $60 to $120).   There is a partial refund if the client does anything to become ineligible after beginning the process, it was a DUI conviction, or there is a probation violation.  Please view the pricing section for details regarding the money back guarantee.

Do you have payment plans?

We can create a payment plan that meets your needs.   Please view the pricing section for details regarding the payment plan.

What if I don’t know exactly what is on my records?

We will be glad to work with you to get a copy of your record and to review what can be done.  We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

What if I have multiple cases?

Expungements must be filed and completed separately per case.  Therefore, we charge per case and it does not matter how many counts are in each case.  However, if you sign up for multiple cases then we discount the additional cases.

Does an expungement seal the entire case?

No. An expungement takes the conviction off of your record and replaces it with a dismissed court case. It also takes the finding of guilt away. If asked, you cannot deny the existence of the arrest or court case, but you can deny the conviction.

If I was convicted of a felony, can I have it reduced?

If you were not sentenced to state prison and your offense is a “wobbler” then you can file with the court to have your felony reduced to a misdemeanor.  A “wobbler” is an offense that could have been a misdemeanor or felony at the time of the conviction.  If you are eligible for reduction then our law firm will file for it along with the expungement.  If you would like us to determine if your case is a “wobbler” then you can call our office with the Penal Code section number you were convicted of and the year that you were convicted.

If my case was already expunged can I reduce the felony to a misdemeanor?

If it is a “wobbler” and you were not sentenced to state prison then we can file with the court for reduction even though it was already expunged.

What is the main reason for an expungement to be denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society (4) violating probation (5) not paying fines.

What if my case is denied?

If the expungement is denied, we evaluate the reason for the denial and determine the best way to proceed.  If we do not believe that refilling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee.

Will it relieve me of the requirement to register?

Expungement will not relieve you of the requirement.  You will have obtain a certification of rehabilitation to be relieved of the requirement. You can read about that service on the certificate of rehabilitation section of our website.

What happens after my conviction is expunged?

You will receive a court order that the judge signed expunging your case.  Additionally, the criminal record databases will be updated to reflect your conviction was expunged.

How do the agencies know it was granted?

The court forwards the judge’s signed order onto the Department of Justice to update their records.  All agencies and background companies get their information from the court or DOJ.

How long does it take for the records to be updated?

The court updates their records within 48 hours and the CA DOJ has up to 30 days to update their records.  However, the DOJ typically updates their records before the 30 days expire.

After it is expunged, can I have the record sealed?

In order to have a case sealed, you can’t be convicted of the charge and you must prove you were factually innocent.  Please see section on record sealing.

Will this clear my DMV record?

Expungement does not clear your DMV record.  However, after a certain number of years the DMV records fall off and disappear. This is unlike your criminal history which never disappears.

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so whatever the Canadian government will have whatever information the United States has.   Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Can I get a Sentri Pass after the case is expunged?

The Border Patrol has discretion in granting or denying Sentri passes.  The only thing we can say for sure is that expungement will help; so it would be wise to invest in record clearing before applying for a pass.  A modest investment in expungement could be the difference between having your request accepted or denied.  It will show that you have resolved all matters with the court. 

Can I vote after this?

You never lose the right to vote unless you are currently in prison or on parole for a felony.  You can view information about voting rights at http://www.sos.ca.gov/elections/elections_vr.htm

Will this help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings.

Can I clear a federal conviction?

You can only expunge certain cases.  Typically, you have to show that the conviction was wrongful or unconstitutional.  Additionally, a person can apply for a pardon through the President.  We do not handle federal cases.

Will this restore my right to possess a firearm?

No. The three most common reasons for a person to lose their right to own or possess a firearm in CA are (1) being convicted of a felony, (2) being convicted of a violent misdemeanor, or (3) being convicted of misdemeanor domestic violence.  (1) If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemeanor, which will restore your right to own a firearm. (2) If you were convicted of certain violent misdemeanors then the State of California takes away your right to possess a firearm for ten years.  The ten year ban begins on the date of conviction.  Expungement does not restore this right. (3)  If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California for which expungement does not affect. There is also a lifetime prohibition from the United States goverment (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal defnition is narrower than CA’s definition, so you domestic violence conviction in might not trigger the federal law. Expungement in CA does not lift the federal prohibition.

Will expungement remove a strike for purposes of California’s Three Strikes Law?

No.   "Expunged... convictions could be considered "strikes" for purposes of the three strikes law."  However, having a conviction reduced to a misdemeanor prior to expungement can reduce the severity of a future sentence should you be convicted again.

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Higbee & Associates
2900 S. Bristol Street, Suite J-203
Costa Mesa, CA. 92626
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