Quick Answer: What Qualifies Expungement?

How do I know if I’m eligible for expungement?

So, if you were convicted of a misdemeanor or felony and served jail time or were given probation, you would be eligible to petition for expungement.

If you were given probation as part of your sentencing, you must have successfully completed your probation period or have been released from your probation period early..

Will I get drug tested for expungement?

They are not going to drug test you. An expunction is a totally different situation than what you were in while your POM was pending. In your criminal case, the court had jurisdiction…

How much does it cost to expunge something off your record?

Many states charge $150 or less to apply for expungement, the legal term for clearing a criminal record, and some states offer a waiver if the applicant is too poor to pay.

Is it possible to get a felony expunged from your record?

In order to have a conviction expunged from your record, you must first file a motion with the court where you were convicted. As part of the materials submitted to the court, you will be required to have the following items: A certified record of your conviction obtained from the court.

Can you be denied expungement?

An expungement can be denied for statutory reasons, such as not meeting the required timeframe for a class B misdemeanor DUI, which is 10 years, or for a class B misdemeanor theft offense, which would be three years. … Another reason to be denied an expungement would be the judge, who may not want to grant the petition.

Is it better to seal or expunge your record?

As can be seen from the descriptions above, expungement is usually a better option than sealing a record because it’s permanent. … In California, a person who’s been arrested or convicted can seek to seal their record.

Can an expungement be reversed?

Petition for expungement California’s expungement law permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismiss the case. … If the petitioner is later convicted of the same crime again, then the expungement may be reversed.

Can you get a job with an expunged record?

For the most part, private employers, landlords and others who perform a background check on you will not find your expunged records. After your record is expunged, in most states you are legally permitted to answer “no” when asked about criminal records on employment or rental applications.

Can you buy a gun with a expunged record?

No you cannot. You must obtain a certificate of rehabilitation and a Governor’s Pardon in order to possess a firearm (unless the underlying crime involved a weapon. If it did, you would never be allowed to possess a firearm).

Can u expunge a misdemeanor?

A misdemeanor has the potential to remain on your record for life. The good news is that you may be able to expunge your misdemeanor to remove it from your record. Misdemeanor expungement is the legal process through which one can clear a misdemeanor from their criminal record.

What makes you eligible for expungement?

Generally, an individual qualifies for an expungement under Penal Code 1203.4 if he or she: (1) committed a felony or misdemeanor and was not incarcerated in the California state prison, (2) fulfilled the terms of his/her probation, and (3) was not convicted of one of the specific crimes that make someone ineligible to …

How long until you can get your record expunged?

The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

Do expunged records show up on background checks?

Expunged records shouldn’t show up on a background check because legally they don’t exist. But sometimes they do. In these cases, it is even more important to have a reputable background checking agency, with a history of good candidate experience, as your trusted partner.

What do you say to judge for expungement?

Always begin the letter with a formal greeting, such as “Dear Judge…”, before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.