The Liu Law Group stands ready to help you clear your record: getting your record expunged will help you when applying for jobs or a professional license. It also provides mental relief for those who may have made a mistake when they were younger, and now have a criminal record that adversely affects their lives. Please contact us for a free consultation to discuss your record and the expungement process.

Effects of a Criminal Record

Criminal convictions can make it difficult to find employment, to obtain a professional license (such as a medical or legal license), to obtain citizenship or permanent residency, or even to rent an apartment or home. Employers, educational institutes, and even landlords conduct background checks, and the internet has made records accessible to the public at large.

The Expungement Process

We fight to clear your record of adult and juvenile criminal charges. Once your probationary period has ceased, we file the necessary forms to request a reversal or dismissal of your conviction. With a few exceptions, we can clear most convictions in which you were not sentenced to state prison.

The process begins with the filed forms: we make a motion to withdraw a plea retroactively, which means the judge will reopen your case and enter a plea of not guilty. The judge then sets aside and dismisses the conviction. Thereafter, you no longer have the conviction on your record.

Benefits of Expungement

Once your record has been cleaned, if a non-government employer asks about prior convictions, you can respond with "no". Most federal and state applications require you to respond "yes" to a question about expunged or sealed convictions. Also, those applying for professional licenses must disclose the prior offense. However, the effect of an expunged offense is minor compared to that of a conviction on the record.

Current Probation

Most misdemeanors result in a three year probationary period. Felonies are generally three to five years, though occasionally longer. Misdemeanor probation is informal, while felony probation is formal (which requires you to check in with a probation officer). We may be able to help you get off probation before your term is completed. Once you have completed all of the terms of probation (fines, restitution, alcohol education, etc.), we can file a motion to have the probation terminated early and then proceed with the expungement process.

Expungement of Misdemeanors

Ordinarily, misdemeanors will stay on your record indefinitely. We can expunge the conviction if you have completed probation. If you violated probation, but later completed the terms, the court has the discretion to expunge the conviction. If you were not on probation for the offense, we can start the expungement process one year after the date of conviction. We file a motion, which is sent to the probation department for review and approval. The court will hold a hearing, taking into consideration the report of the probation department and your record. Once the motion is granted, the conviction is set aside, a plea of not guilty is entered, and the case dismissed. Your record is then updated with the department of justice.

Expungement of Felonies

Felonies can be expunged if you were granted probation instead of prison time, and the probation was completed successfully. The court will consider any new offenses that you have been charged with or convicted of, and any other probationary period that you are serving. Many felonies are borderline misdemeanors, and some can be reduced to a misdemeanor for purposes of expungement. Once the process is complete, many of the rights taken from felons will be restored.

The process for felonies is similar to that of misdemeanors. We file a motion: the district attorney and probation department review the motion and file their own reports. The court considers these reports and your record, and grants the reduction to a misdemeanor or an expungement of the charge. Your criminal record is then updated with the Department of Justice.

Violations of the following cannot be expunged:

• Vehicle Code Section 42001(b) (failure to comply with any lawful direction by a
  peace officer)
• Penal Code Sections 286(c) (act of sodomy on a minor)
• 288 (lewd and lascivious acts on a child)
• 288a(c) (oral copulation with a minor)
• 288.5 (three or more acts of sexual conduct with a minor)
• 289(j) (act of sexual penetration with a minor)
• Felony convictions of Penal Code Section 261.5(d) (unlawful sexual intercourse
  with a minor)
  

Lasting Consequences of an Expunged Conviction

Even if prior convictions were expunged, they can still be used to increase punishment for subsequent crimes. Examples include DUIs and the Three Strikes Law. They can also be used in immigration proceedings. Registered sex offenders will still have to register, even if expunged. If your conviction resulted in an inability to possess a firearm, you still will not be able to after expungement.

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