Expungement Attorney Santa Ana
The term expungement defines the act of dismissing a person’s criminal record so that an offense in most cases doesn’t show if the record is checked. Eligibility for expungement is based on the state laws where the arrest or conviction occurred. Having one’s criminal record expunged is not the same as having a record sealed. Expungement of a criminal offense updates the case against the offender as far as to reflect that he or she entered a plea of “”not guilty”” and that the case against them was dismissed. Sealing a person’s criminal record involves completely removing the record so that no one has access to it except law enforcement agencies. Qiklaw offers expungement attorney services in Santa Ana and can help you with expungements or record sealing.
Most states allow juvenile records to be expunged or sealed from public access by the time the juvenile reaches age 18. If a juvenile’s record is only sealed, he or she can file an application to have the record expunged at a later date. Adults usually have to file an application with the court system and follow rules set by the state in which the arrest or conviction occurred.
The process of expungement does not totally remove a conviction from a person’s record, the conviction is just not accessible to the public. When an expungement attorney Santa Ana completes the process to expunge a criminal offense from someone’s record, he or she can legally answer “No” when asked about being arrested or convicted of the offense.
In California, a person is entitled to expungement of his or her criminal records after they complete their probation period whether they were convicted of a misdemeanor or felony. They cannot be charged with another offense, be on probation for another offense, or be serving a sentence in prison at the time they ask for expungement. People who have committed sexual offenses against children are not eligible for expungement of their records.
People who contact an expungement attorney in Santa Ana seeking to get a conviction dismissed from their record do not have to appear in court. The attorney can attend all the court appearances for their client. In some cases, the expungement process can be expedited when the attorney groups a few motions together for the same court proceeding such as asking for early termination of their client’s probation, asking for certain felonies to be reduced to misdemeanors, then asking for expungement of the client’s conviction. These are only a few of the ways that having an expungement lawyer in Santa Ana can help you.
Benefits of hiring an expungement attorney Santa Ana can also include assistance in getting a job, assistance in getting a state professional license, and possibly assistance with immigration issues such as deportation. A Qiklaw expungement attorney in Santa Ana typically cannot provide assistance with restoring gun rights in California, overturning driver’s license suspensions or revocations, or with having to register as a sex offender in the state of California. However, each case is different, so it is imperative that you contact Qiklaw today for a free consultation of your case.
There are four times when a person can ask for expungement of his or her criminal records depending on his or her situation. They are:
- At least three years from the date that their probation is over, when they are paroled, or when they are released from prison for a felony offense. All court costs and fines should be paid and any other restitution made.
- At least one year from the time he or she was convicted of a misdemeanor.
- At least two years after a grand jury failed to indict the person for the offense and returned a report of “no bill.”
- Any time after he or she was found not guilty or their case was dismissed.
Common felony and misdemeanor offenses that an expungement attorney in Santa Ana could assist a person in California with include petty theft, possession of a controlled substance, shoplifting, DUI, assault, burglary and receiving stolen property.
For more information on what a Qiklaw expungement attorney in Santa Ana can do to help your personal legal situation, please contact Qiklaw today for a free consultation.