Schlueter & Schlueter handles expungement motions.
1. It’s a tough job market out there.
Times are hard. Sometimes it is hard to get or even keep a job. A criminal conviction does not help a job candidate, and it can do considerable harm to his or her prospects of obtaining employment. If an employer has a choice between two qualified candidates, and one has a clean criminal record and the other does not, that employer is likely to chose the candidate with the clean criminal record. So it makes sense to take every advantage that the law gives you to clean up any criminal past.
2. Personal satisfaction.
Aside and apart from employment reasons, some people feel they have unfinished business as long as they have a criminal conviction on their record. They have a desire to close the door on a part of their history that they regret.
3. Expungement is available in California.
The solution to both the needs and wishes expressed above may be expungement of your criminal conviction, under California Penal Code § 1203.4. Expungement is a process whereby a judge will vacate your guilty plea or criminal conviction, substitute in its place a plea of Not Guilty, and dismiss the charges.
After that, if a private employer asks you if you have had a criminal conviction, you can legally answer that you do not. For purposes of a public office or license, you must acknowledge the conviction. And because some employers resort to out-of-date databases when conducting criminal background checks, that may not reflect dismissal of the charge(s), some persons who have had their convictions expunged choose to say "The case was dismissed. It was expunged."
4. Felonies reduced to misdemeanors.
Some crimes can be charged as either felonies or misdemeanors under the same Penal Code section. These crimes are called "wobblers". If you have suffered a felony conviction of a crime that is classified as a wobbler, then in the course of your expungement motion, you can request that the felony be reduced to the lesser misdemeanor before the charges are dismissed by the judge.
5. Call us.
So whether you seek an expungement for employment purposes or for personal satisfaction, you should call Schlueter & Schlueter. Our number is (909) 381-4888.