An expungement, also known as a "dismissal," releases a person from the negative consequences of a conviction. If you or a loved one has completed probation or has had their probation terminated early by a PC1203.3 motion, then you may be eligible for an expungement or dismissal from all conviction consequences. With many employers doing background checks on prospective employees, having a conviction on your record is not something that is under looked.
Having a criminal record places a person in a negative light and makes it incredibly hard to obtain a source of income such as a job. However, that may all change under 1203.4. Having an attorney, such as the attorneys at The Law Offices of Bryan R. Kazarian have helped many people's convictions get expunged.
What Are The Benefits Of Having A Criminal Record Expunged?
There are many benefits to having a criminal conviction expunged. The most beneficial result of an expungement is that one's past does not haunt them anymore. In addition, after a successful expungement a person no longer needs to check the box which states that they have been found guilty of a crime. One is no longer restricted from obtaining gainful employment and may find other doors have been re-opened which were previously shut.
If you or a loved one would like to discuss the possibilities of early termination of probation, PC1203.3, or expungement, PC 1203.4, please do not wait. Call the experienced attorneys at The Law Offices of Bryan R. Kazarian to discuss if you qualify to have your criminal record expunged. The attorneys are very knowledgeable and will work hard to protect your rights.
How Long Does It Take To Expunge A Criminal Record?
In most cases, several months after the petition is filed.
1203.4 (a) states
In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation...a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant...he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.
1203.4 grants the court the authority to release a Petitioner from “all penalties and disabilities resulting from the offense of which he or she has been convicted.”
If a 1203.4 motion is granted, one’s record and charges have been dismissed or expunged. The Petitioner no longer must answer “YES” to whether he or she has ever been convicted of a crime. With a granting of a PC1203.4 motion the horrors and permanent stain of a criminal record no longer needs to follow you. That stain is erased under 1203.4. The expunged convictions no longer need to be disclosed to employers.
Although, some background checks may still show that you or a loved one was convicted of a crime, it is illegal for an employer or potential employer to ask about an expunged or dismissed conviction.
California Labor Code section 432.7 states
An employer, whether a public agency or private individual or corporation, cannot ask an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or post trial diversion program, except as specified.
A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt. An employer also cannot ask someone applying for a job for information about a juvenile court case, even if a judge made a final decision against you in that case. In addition, an employer cannot use ones past criminal record as a factor in hiring, training, promoting, or terminating that person.
Who Is Eligible For 1203.4 California Penal Code?
There are some limitations that apply under PC 1203.4. To be eligible to apply for PC 1203.4 one must have either committed a misdemeanor or felony and
Successfully completed probation (if still on probation a PC 1203.3 motion can be filed to terminate probation early). With no violation of probation.
Never served time in state prison. Some exceptions exist under California Proposition 47.
No current charges are pending. Just because you may not meet the above-mentioned requirements, there are exceptions. Every case is different, we recommend you call The Law Offices Bryan R. Kazarian to discuss if you qualify to have your criminal record expunged. The attorneys at The Law Offices Bryan R. Kazarian have helped many clients expunge their criminal record, resulting in better possibilities of gainful employment.