Specializing in Expungement Services, Get Felony Expunged California
We understand that there is nothing more important to you than your professional reputation on your permanent record. The California state law allows a person who has been convicted of a crime to have that conviction expunged. An expungement is a legal process that essentially petitions the Court to review a conviction to determine if the petitioner is eligible to submit an application to withdraw their plea or finding of guilt, enter a not guilty plea, and order the case dismissed. The decision to grant or deny the petition is at the discretion of the judge and the decision may be opposed by the district attorney’s office for the relevant county. If the motion is opposed, the district attorney will have to file a formal written motion and a court hearing will be scheduled to hear the merits of the case. Should this occur, one of our attorneys would attend your hearing and argue on your behalf.
There are many benefits that come with having one’s felony expunged. After receiving the expungement in an application for private employment one can truthfully answer that they have never been convicted of a crime. This is true of course if all of your convictions have been expunged. Additionally, an expungement prevents your conviction from being addressed in a later trial involving civil matters. Outside of California you would not have to disclose your expunged conviction when applying for public employment outside of California. And lastly when seeking federal employment you may state you have never been convicted.
Looking at the Expungment Process
We understand that it can often be a difficult process and QikLaw works hard to take the stress out of the process. Once granted, an expungement changes and updates the disposition of the case to reflect a dismissal under Penal Code 1203.4. This means that the court file, the California Department of Justice, and the FBI update their files to reflect that a plea of not guilty has been entered and that the case has been ordered dismissed and set aside by the court.
California Penal Code Section 1203.4 provides in part:
“Petitioner shall be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.”
For more information on filing fees for this service, please visit our Filing Fees page.
Specifics on the process
Goodman, Dicus & Teinert, LLP will gather information about your case from a variety of sources. Following that an attorney at our office will review your case to verify that you are eligible for our record clearing services and prepare a motion to reduce your felony to a misdemeanor. After that a supporting affidavit for felony reduction is prepared and a proposed order for the court to sign is drafted. We then file the motion, affidavit and order with the appropriate court and a notice of hearing will then be prepared eve if no hearing is held. The required agencies are then identified and served with the notice of the hearing and one of our attorneys will attend the court hearing to argue on your behalf. We will will follow up with the court after the hearing to verify that the judge has approved the order. Once the order has been granted and your felony reduced to a misdemeanor, we then begin the process of petitioning the court to expunge your criminal record. Our attorneys will then prepare a petition to have a plea of not guilty entered on your behalf and your case dismissed. Once the petition is ready a supporting affidavit for expungement is prepared. A proposed order for the court to sign is drafted and the petition, affidavit and order are filed with the appropriate court. Our office will follow up with the court after the judge has approved the order to verify that your record has been expunged. Once the order has been granted your felony will be officially expunged. * Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.