What are the main reasons a misdemeanor expugement gets denied?
If an expungement is denied, it is usually for one of several reasons: an inaccuracy in the court file, an inaccuracy in the application, the court does not believe it will be in the interest of society, violation of probation, or not paying fines. However, you greatly lower your chances of denial by hiring an attorney to prepare, review and submit your record clearing petition. Our office will verify all case information with the court prior to filing the petition, increasing the likelihood of success.
What if my case gets denied?
If your case is denied, our attorneys will evaluate the purpose for the denial and determine the best way to proceed. If our attorneys determine that refiling is the best course of action then we will do so at no extra cost to you. If not, then you will receive your money back through our money back guarantee.
What happens after my misdemeanor conviction is expunged?
After the expungement is complete the court will change the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. The California Department of Justice and the FBI will then update their files to reflect a new plea of "not guilty" being entered and that the case has been ordered dismissed by the court. However, general commercial background searches, like most private employers conduct, will show no criminal record. At this point our office will send you a court order signed by a judge indicating that your record was expunged. We will also notify you of your eligiblity for our Criminal Record Database Update service, which we provide at a discounted rate for QikLaw clients.
How do the background check agencies and companies know my expungement was granted?
The judge's signed order will be sent to the Department of Justice so they may update their records. All background check companies and agencies get their criminal history information from the court or Department of Justice.
Will an expungement relieve me of the requirement to register as a sex offender?
An expungement is a necessary part of the process to end registration, but an expungement alone will not relieve you of the requirement to register. After getting your misdemeanor expunged, to obtain relief you will need to obtain a Certificate of Rehabilitation, which is a service our law firm offers. Please see our information page on Certificate of Rehabilitation or contact our office to speak with an attorney about obtaining a certification of rehabilitation.
How long does it take for the records to be updated?
The court will usually update their records within 48 hours and the Dept. of Justice will update its file within 30 days.
Will this help with my immigration application?
While you will still need to disclose the case on any immigration applications, immigration attorneys have informed us that petitioners will have a better chance for a favorable immigration result if you have a clean criminal background. If you have additional questions about immigration issues, it is recommended that you speak with an immigration attorney.
If I was convicted of a violent misdemeanor can I have my right to possess a firearm restored?
In California there are certain violent misdemeanors that require the State of California to take away your right to possess a firearm for ten years. The ten-year ban begins on the date of your conviction and obtaining an expungement does not restore this right. You must wait until the 10-year ban is over to have your rights restored. Additionally, there is a lifetime prohibition on firearm ownership for those convicted of misdemeanor domestic violence as defined by federal law. See The Lautenberg Amendment to the Violence Against Women Act (provide links to both documents).
Will expungement remove a stroke for purposes of California's Three Strikes Law?
Having your record expunged will not remove a strike from your record, but having your conviction reduced to a misdemeanor prior to expungement may reduce the severity of a future sentence if you were to be convicted again.