Los Angeles Expungement Lawyer – Clear Your Record Under California Penal Code 1203.4
Expunging a criminal record in California can provide a fresh start, removing barriers to employment, housing, and other opportunities. Under California Penal Code § 1203.4, individuals with certain criminal convictions may petition the court to have their conviction dismissed. This process involves working with a Los Angeles expungement attorney to withdraw a guilty or no contest plea, enter a not guilty plea, and have the court set aside the conviction.
Eligibility for expungement includes:
- Successful completion of probation or early termination of probation.
- No current criminal charges.
- No time served in state prison (with some exceptions).
At The Law Offices of Arash Hashemi, we focus on guiding clients through the expungement process. Since 2003, Attorney Arash Hashemi has provided expert legal counsel, thoroughly evaluating each client’s eligibility, preparing necessary documentation, and advocating for their rights in court. Our firm is dedicated to helping you clear your criminal record and move forward with confidence.
If you’re ready to expunge your criminal record in Los Angeles and take the next step toward a fresh start, let us handle the details so you can focus on your future. If you wish to speak with our legal team today, contact our office at (310) 448-1529. To schedule a 15-minute consultation with our expungement attorney, click here to schedule your appointment through our online system, and we’ll guide you through the expungement process from start to finish. During the consultation, we’ll review your case, discuss your options, and outline the steps to clear your criminal record.
Am I Eligible for Expungement in California? Key Requirements Explained
Whether you can qualify for an expungement depends on the offense for which you were convicted and the sentence imposed by the court. For this reason, consulting with an experienced expungement attorney is crucial to navigating this complex process. In some cases, if you violated your probation, you may still be eligible for expungement, but it is at the court’s discretion. The court will evaluate your overall behavior during probation, the seriousness of your original offense, your entire criminal record, and the nature of the probation violation.
To determine if you qualify for an expungement, several factors must be considered:
- Type of Offense: Both misdemeanors and felonies can potentially be expunged, though the process for felonies is more involved.
- Sentence Imposed: Expungement is generally available if you served probation rather than state prison time. If you served time in a county jail or holding cell, you might still qualify.
- Completion of Probation: You must have completed your probation successfully or obtained early termination of your probation. If you were not given probation, at least one year must have passed since the date of conviction.
- Compliance with Sentence Requirements: This includes completing community service, attending mandatory rehabilitation or treatment programs, paying restitution, and settling any fines.
- Current Legal Status: You must not be currently charged with a criminal offense, serving a sentence, or on probation for another offense.
Understanding Misdemeanor Expungements: Your Options in California
If you were convicted of a misdemeanor in Los Angeles, you might be eligible for expungement if you have successfully completed your probation or met other court-ordered requirements. Common misdemeanor charges that can be expunged include DUI convictions, marijuana offenses, other drug offenses, theft offenses, firearms offenses, and prostitution or other sex crimes. To begin the process, you must have completed all terms of your probation, such as community service, mandatory rehabilitation or treatment programs, and payment of fines and restitution. If you were not given probation, at least one year must have passed since your conviction.
The next step involves filing a petition for expungement with the court where you were convicted. This petition requests the court to withdraw your guilty or no contest plea and dismiss the case. In some instances, a court hearing may be required, where the judge will review your petition and any objections from the prosecutor. Successfully expunging your misdemeanor conviction can significantly improve your ability to find employment, secure housing, and obtain professional licenses.
Steps to Expunge a Felony Conviction Under California Law
- Reduction of Felony to Misdemeanor: Before seeking expungement, an additional motion is often required to reduce the felony to a misdemeanor. This involves filing a petition under California Penal Code Section 17(b) and presenting arguments to the court. Our attorney will help prepare and present this petition, demonstrating to the court why your felony should be reclassified as a misdemeanor.
- Meeting All Sentence Requirements: You must complete all terms of your sentence, including any court-ordered programs, community service, fines, and restitution. Additionally, you must not have served time in state prison. Our attorney will review your case to ensure all requirements have been met and that you are eligible to proceed with the expungement process.
- Filing a Petition for Expungement: Once the felony is reduced to a misdemeanor, a petition for expungement will be filed with the court. This petition requests the court to withdraw your guilty or no contest plea and dismiss the case, effectively clearing your record.
- Court Hearing: A court hearing may be required, where the judge will review your petition and any objections from the prosecutor. The judge will consider your compliance with the terms of your sentence and other factors before deciding whether to grant the expungement.
Clearing Juvenile Criminal Records in California
- Eligibility: To be eligible for expungement, the individual must have completed all terms of their sentence, such as probation, diversion programs, community service, and any court-ordered rehabilitation or treatment programs. Additionally, there must not be any pending criminal cases. Our attorney will review your case to ensure all requirements have been met and that you are eligible to proceed with the expungement process.
- Filing a Petition: A petition must be filed with the juvenile court to request the expungement of the juvenile record. This petition includes details about the offense and evidence of compliance with all court orders.
- Court Review: The court will review the petition and any objections. The judge will consider factors such as the individual’s behavior since the offense, the nature of the crime, and their overall criminal record.
- Court Hearing: In some cases, a hearing may be required where the judge will hear arguments for and against the expungement. If the expungement is granted, the juvenile’s past offenses will not be revisited by prosecutors or the court in the future.
Convictions That Can’t Be Expunged Under California Law
- Serious Felonies: Offenses classified as serious felonies under Penal Code § 1192.7, such as murder (PC § 187), voluntary manslaughter (PC § 192(a)), and certain sex offenses.
- Sex Crimes Involving Children: Convictions for sex crimes involving children, such as sodomy with a child (PC § 286(c)), lewd acts with a child (PC § 288), oral copulation with a child (PC § 288a(c)), and sexual penetration with a foreign object (PC § 289(j)).
- Certain Vehicle Code Violations: Specific driving offenses, especially those involving serious bodily injury or death, such as felony DUI with injury (VC § 23153).
It is important to consult with an experienced expungement attorney to determine whether your specific charge qualifies for expungement. Each case is unique, and an attorney can evaluate your situation, explain the legal implications, and guide you through the expungement process to improve your chances of a favorable outcome. If you have any questions about whether your conviction can be expunged, contact us for a consultation.
Decades of Experience Helping Clients Clear Their Records
Choosing the right attorney for your expungement case is crucial. At The Law Offices of Arash Hashemi, we offer extensive experience and a proven track record in handling various criminal cases. Since being sworn in as an active member of The State Bar of California in December 2002, Attorney Arash Hashemi has managed cases ranging from simple petty theft to complex felonies, including murder. His expertise includes self-defense cases, probation and parole violations, and appellate practice before the California Court of Appeals. Some notable case results include dismissals for attempted murder, robbery, felony battery, and second-degree robbery charges.
Attorney Hashemi’s practice spans all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. His professional memberships, such as the Criminal Courts Bar Association (2024 President) and the National Association of Criminal Defense Lawyers, underscore his commitment to providing top-notch legal representation. At The Law Offices of Arash Hashemi, we are dedicated to helping you navigate the expungement process and achieve the best possible outcome for your case.
Contact a Los Angeles Expungement Attorney Today
Don’t wait to seek legal assistance. With extensive experience in criminal defense and expungements, Attorney Arash Hashemi is committed to providing professional and effective legal representation. We understand the significant benefits of expunging your criminal record and are dedicated to helping you achieve a fresh start.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
