What Is Expungement?
An expungement is when the Court sets aside your conviction or withdraws your plea of guilty or no contest and dismisses the charges against you. At the Law Office of Robert F. Landheer, we protect our clients' careers and their ability to seek employment in the future.
What Does An Expungement Do?
An expungement allows you to state that you have never been convicted of a crime for most job applications. You must disclose expunged convictions on applications for law enforcement or when running for public office. Further, expungement does not remove a criminal conviction for immigration purposes.
When Can I Apply For Expungement?
1. One Year For Misdemeanor Or Infraction
You may expunge a misdemeanor or infraction charge one year from the date of conviction if you have complied with the sentence and obeyed all laws during that time.
2. Upon Fulfilling Probation Conditions
Usually, if you have satisfactorily completed the probationary period or has been discharged before its termination, you are entitled to have the guilty plea expunged and the accusations dismissed.
3. Upon Payment Of Restitution
If you were sentenced to pay restitution, you cannot expunge your criminal conviction until the balance of the restitution is paid.
Can Expungement Prevent Deportation?
No. Once you have entered a guilty/no contest plea or are found guilty, you will be deported.
Can I Get My Driver's License Back?
!!!YOU MUST CONTACT THE DMV and request a hearing WITHIN 10 DAYS of losing your license or you will be unable to drive when your 30-day license expires!!!
You can receive a conditional license to use during your criminal case. If you are convicted, the DMV will be notified and will suspend or revoke your license. At the end of the suspension or revocation, you may obtain new license. Expungement does not affect your ability to obtain a driver's license.
Can I Get My Professional License Back After Expungement?
If your license was issued under the Business and Professions Code, you can apply for a new license after your conviction has been expunged. However, if your conviction involved unprofessional conduct, your application may be denied.
Expungement of DNA Samples
If you are arrested for a felony, your DNA sample may have been taken and included in the DNA data bank. You may request that the DNA specimen and sample be destroyed and the database profile expunged if you have no past or present offense or pending charge that qualifies you for inclusion in the DNA bank and there is no other legal basis for keeping your DNA.
There are two ways to have your DNA information expunged: