A criminal conviction can follow you long after you’ve paid your debt to society. From job applications to housing opportunities, having a record can make life more difficult than it should be. Fortunately, California law offers ways to clean up your record and move forward. Expungements and Certificates of Rehabilitation are two powerful tools that can help you leave the past behind. If you qualify, working with an experienced attorney can make the difference between a denied request and a fresh start.
What Is an Expungement?
Expungement is a legal process that sets aside a guilty plea or conviction and replaces it with a dismissal. In practical terms, this means that most private employers cannot hold the conviction against you when making hiring decisions. Expungement does not erase the record entirely, but it changes it in a way that shows you completed your sentence and moved forward.
Who Qualifies for Expungement?
In general, you may qualify if:
- You successfully completed probation.
- You are not currently serving a sentence or facing new charges.
- Your conviction was for a misdemeanor or certain felonies that allow for expungement.
Some serious crimes, particularly those involving sex offenses with minors, are not eligible. An attorney can quickly review your case and determine whether you qualify.
Certificates of Rehabilitation
For convictions that cannot be expunged, or for individuals seeking broader relief, a Certificate of Rehabilitation may be the next step. This court-issued document declares that you have been rehabilitated and can serve as an official recommendation for a governor’s pardon.
Benefits of a Certificate of Rehabilitation include:
- Restoration of some civil rights
- Removal of certain barriers to professional licensing
- Serving as an automatic application for a pardon from the governor
This process is more complex than expungement, requiring proof of residency, good conduct, and rehabilitation over a certain period of time.
Why These Options Matter
The consequences of a conviction go beyond the courtroom. A criminal record can:
- Limit job opportunities
- Affect eligibility for professional licenses
- Restrict housing options
- Damage personal and professional reputation
By pursuing an expungement or certificate, you demonstrate to employers, landlords, and licensing boards that you have taken responsibility and turned your life around.
The Expungement Process
The process begins with filing a petition in the court where you were convicted. The court will review your record, your conduct since the conviction, and any objections from the prosecutor. If granted, the court updates your record to show that the conviction was dismissed. Although the record remains visible to law enforcement and in some government contexts, it removes many barriers in everyday life.
Why You Need Legal Help
While it is possible to apply for expungement on your own, errors or incomplete filings can delay or derail your case. Law Office of Michael L. Fell ensures that:
- All paperwork is completed correctly.
- The strongest possible case for rehabilitation is presented.
- Any objections from prosecutors are anticipated and countered.
- You understand the long-term benefits and limitations of expungement.
Take the First Step Toward a Clean Slate
You deserve a chance to move forward without the weight of past mistakes holding you back. Call Law Office of Michael L. Fell today at (949) 585-9055 to schedule a confidential consultation. With the right legal guidance, you may be able to clear your record and open the door to new opportunities.