Expungment Lawyer Los Angeles
Is that old conviction preventing you from accomplishing your future goals? Are you tired of being denied employment because of your record? What can you do to overcome these challenges? Is an expungement in your future?
Expungement Lawyer George Kita is familiar with the complexities of the process, and uses a step-by-step system to evaluate each case.
During a case review, he carefully evaluates court records & surrounding details, to determine suitable strategies for each client, which may include expungement or sealing.
Because of technical requirements of the expungement process, as well as the urgency to move a case through the system, expungements should always be handled by an experienced expungement attorney.
A criminal conviction does not have to end hope of your productive future!
Call George Kita and see how he can help you, at 213-400-5355!
California Penal Code section 1203.4, also known as expungement, provides a 2nd chance to those who receive it. If an expungement is granted, the plea/conviction is withdrawn, the case is dismissed, & the court records are updated accordingly.
How do You Expunge a Criminal Case?
There are three pathways to expungement:
First Option: Required/Statutory
Generally speaking, you are eligible for an expungement if you meet all of the following requirements:
1. You have successfully completed your entire probation period;
2. You are not serving any other sentence;
3. You are not on probation;
4. You have no criminal cases pending; and
5. Restitution, if any, has been paid in full to any victim in your case.
There are challenges, however, to completing each and every probation term as ordered. Thus, it is quite common to see cases where probation was modified, extended, revoked, or otherwise violated. These types of expungement cases are evaluated more stringently, as you will read, below.
Second Option: Discretionary - Interests of justice would be served if your expungement was granted.
This type of expungement motion depends on compelling justification presented by your attorney, highlighting the substantial problems you are facing because of the conviction (such as denial of employment), as well as the rehabilitation which you have undergone by the probationary process. This type of expungement may be available in cases which are not ordinarily expunged, such as DUIs, as well as cases where the probationer did not fully comply with the court requirements.
Preparation is extremely significant for this type of motion, including documentation of client success after the conviction, character letters, employment or academic achievements, as well as other evidence which might impress the judge at a hearing. I also think it is very important for the person seeking the expungement to personally appear at court with his or her attorney.
Option Three: Discretionary - Case has been discharged prior to the termination of probation.
From 1991 until the end of 2012, California law appeared to require judges to grant expungements in cases where probation was terminated early, regardless of whether termination was due to good conduct or bad conduct.
However, California case law now suggests a requirement that early termination of probation expungements be based on “good conduct” or “excuse.”
Thus, if your probation was terminated early, your attorney will likely need to substantiate compelling factors which justify an expungement.
Call & learn your options, at 213-400-5355!
*Results depend on details of each case.