Having a criminal record can hamper your quality of life for years to come. Because criminal records are public record, and easily discoverable in online databases, a conviction from your past can continue to haunt you. Employment opportunities may be limited and college admission and financial aid applications may be refused. Landlords can refuse housing, and professional licenses may be denied. However, many convictions can be wiped from your record, providing a new lease on life preventing the mistakes from your past from holding you or your loved one back. Call the Law Office of William R. Burgener at (619) 291-8565 for a FREE CONSULTATION!
Understanding the Process
Pursuant to Penal Code § 1203.4, the Court may set aside the guilty plea or guilty verdict once the defendant has fulfilled the conditions of the sentence, releasing the defendant from “all penalties and disabilities” connected with the conviction. This process is called “expungement.”
Expungement is granted at the discretion of the Court, which means the Court, after considering the evidence prevented, determines whether it is in the public interest to give the defendant a fresh start. The changes of a positive ruling in your favor increase dramatically when you are represented by an attorney that knows what information is best suited to sway the Court to grant expungement. The Law Office of William R. Burgener has decades of experience guiding clients through the process of expungement in California courts. Familiarity with the system and skillful representation are necessary components to a successful presentation to the Court, and William R. Burgener is ready to begin your journey to a clean criminal today!
Services An Attorney Can Provide
Besides petitioning the Court for expungement, the Law Office of William R. Burgener can provide other services related to expungement, including:
- Reduction of Conviction: Some offenses can be charged as either a misdemeanor, or a felony. These are called “Wobbler” offenses. The prosecutor determines if the offense which be charged as a misdemeanor or a felony based on the circumstances surrounding the offense, and the defendant’s criminal record. If the defendant was convicted of a felony wobbler offense, the conviction can be reduced to a misdemeanor conviction.
- Early Termination of Probation: Expungement requires the successful completion of probation. The Court may terminate probation early if petitioned to do so when the defendant has complied with the terms of probation, including paying fines, attending hearings, and performing community service, and when it is demonstrated that termination is warranted (reasons include because it is limiting employment or education opportunities).
- Sealing Criminal Records: Juvenile criminal records can be sealed five years after the offender is released from probation. Adult criminal records are sealed regarding arrest records, charges that were dismissed, or when a ruling of not guilty was entered.
Who Qualifies for Expungement
Both Felony and Misdemeanor crimes can be successfully expunged, with some exceptions, as long as the defendant:
- has completed the sentence for the offense
- has completed the terms of probation for the offense (paid fines, attended hearings, performed community service, etc.), and not violated the terms of the probation. If the terms of the probation were violated before the completion of probation, the Court may still use its discretion to determine whether to grant expungement
- has not been sentenced to time in state prison
- is not currently charged with an offense
The Law Office of William R. Burgener is ready to help you begin the process of expungement, beginning if determining if you or your loved one qualify to participate in the process. For thirty-four years William R. Burgener has successfully represented clients who want a fresh start with a clean criminal record. A negative criminal history does NOT disappear on its own, take the first step today to a bright new future, and call the Law Office of William R. Burgener at (619) 291-8565 for a FREE CONSULTATION!
Who does NOT Qualify for Expungement
Any defendant who has served time in a state prison does not qualify for expungement. Certain crimes cannot be expunged, including serious sex offenses committed against a child. Contact the Law Office of William R. Burgener today to find out if you or your loved one qualifies to participate in the expungement process.
Free Case Evaluation
William R. Burgener, Esq.
San Diego Criminal Defense Attorney