Court Upholds Broad-Based Expungement
While some states restrict expungement of records to cases in which the defendant was innocent or wrongfully prosecuted, California is more willing than other states to give criminal defendants a fresh start following a criminal conviction.
In People v. Parker, a June 24, 2013 decision from the Second Appellate District, the Court considered the case of a man who was convicted of possessing and selling cocaine base. Although he was originally sentenced to five years in prison, the trial court later suspended that sentence and placed Mr. Parker on probation. When Mr. Parker completed the period of probation and applied for expungement, the trial court denied the petition, holding that Mr. Parker was technically still in prison.
The appeals court reversed their stance, interpreting Penal Code Section 1203 broadly to mean that an individual should be “reward[ed]” for “successfully completing his probation by mitigating some of the consequences of his conviction” via expungement.
Your expungement
Even if you think you are ineligible, speak to a Los Angeles criminal defense attorney about expungement. The system is ready to grant an expungement to all who are even arguably entitled to relief, and the benefits are too great to pass up. Remember:
• When the job application or loan application asks if you have ever been convicted of a crime, you may truthfully answer “no.”
• The casual Internet surfer, such as an inquisitive boss or boyfriend, cannot find any evidence of your conviction.
• Some, but not all, legal disabilities may also be removed, making it easier to apply for a professional license or attend a state school.
At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.
