Expungement of criminal history is not available to everyone. However, if you have the opportunity to delete your criminal history and move forward without shackles, take it. A great criminal defense attorney can help you.
While everyone makes mistakes, some mistakes come with repercussions that can last a lifetime. In the case of a criminal history, a mark on your criminal record can make day to day life difficult for years to come. Employers and landlords commonly ask job applicants and apartment seekers whether they have been convicted of a criminal offense. Employers may not hire, and landlords may not lease, to those who answer “yes” to the question.
An expungement can make landing a job and renting an apartment easier for those with a criminal record. Additionally, an expunged record can provide peace of mind, and make getting a loan and adoption a possibility. If you don’t want one mistake to haunt you for the rest of your life, an expungement may be the best route for you to take.
Expungement Eligibility
Both adult convictions and juvenile adjudications are eligible for expungement. Although expungement is an option for many with criminal records, not everyone can do it. To be eligible, you must meet very specific criteria. These criteria for expungement include:
- Conviction must meet the guidelines described in Penal Code 1203.4, Penal Code 1203.4a, or Penal Code 17.
- Complete the terms of your sentence, including any probation.
- May not be imprisoned or serving time for any offense.
- No pending charges for any other offense.
- You must not have another conviction within one year of the first.
- Probation not revoked or reinstated – for the charge in question.
Loans & Adoption
Some loan agencies believe a criminal conviction is an indication of irresponsibility. They believe a person with a criminal history is less likely to meet their financial obligations; therefore, interest rates are increased for individuals with a criminal history, if a loan is given at all. This means buying a home, a car, or paying for an education can be harder for those with criminal convictions.
Additionally, any person trying to file for an adoption in California and has a criminal background cannot normally petition for an adoption in the state. An expungement of your criminal record can help make the adoption process easier on all parties.
Jobs & Education
As previously mentioned, many employers ask prospective employees to divulge their criminal history. With an clean record, revealing such information isn’t mandatory. Although it is possible to lie on a job application, doing so is risking a violation of the law once again. By successfully cleaning up your record, you should be able to truthfully answer “no” in such situations.
The only time you may not answer “no” is when the question also asks “even if you’ve had it expunged.” This question is common for many professional license and, in these cases, you must acknowledge the conviction and answer “yes” even though there has been an expungement.
Additionally, applying for higher education becomes complex when hindered by a criminal conviction. Those with criminal histories may face hurdles. However, a great crime attorney knows how to fight for an expungement. This legal move can successfully remove this roadblock and open the highway to success. By successfully expunging your record, your criminal history will not affect your attainment of higher education.
