Although the benefits of expunging an old conviction may seem obvious, many people eligible for expungement don’t do it. Here is a look at 5 reasons why anyone eligible for expungement in California should do it now.
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Expungement in California: 5 Reasons to Do it Now
1. Expungement in California:
5 Great Reasons to Do it Now
Presented by:
Don Hammond,
Post-Conviction Relief Attorney
Los Angeles, California
www.donhammondlaw.com
2. Everyone makes mistakes, some more serious
than others.
Expungement, when available, presents a
great opportunity to start over.
Expungement is a legal procedure for clearing
certain misdemeanor and felony convictions
from one’s record.
In California, expungement is governed by
section 1203.4 of the California Penal Code.
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Moving on from past mistakes
Expungement in California: 5 Great Reasons to Do it Now
3. Although the benefits of expunging an old conviction
may seem obvious, many people eligible for
expungement don’t do it.
Individuals who have gone on to build successful lives
may not see a good reason to dredge up the past.
But they may be overlooking compelling reasons to seek
expungement.
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Why expunge old convictions?
Expungement in California: 5 Great Reasons to Do it Now
4. Expungement provides an opportunity
to leave your past behind and move
forward with the confidence of
knowing that your record is clean and
you have nothing to hide.
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1. Personal Confidence
Expungement in California: 5 Great Reasons to Do it Now
5. Many employers conduct background
checks for new hires, or even promotions.
After a conviction has been expunged
from your record, you can legally answer
“No” if a non-government employer or job
application asks whether you’ve ever
been convicted of a crime.
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2. Employment
Expungement in California: 5 Great Reasons to Do it Now
6. After a successful expungement, you can
legally answer “No” if a rental housing
application asks whether you’ve been
convicted of a crime, greatly improving
your access to a wider range of more
desirable housing options and competitive
rental costs.
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3. Housing
Expungement in California: 5 Great Reasons to Do it Now
7. Many professions are required to have a
California state license. If you have a conviction
on your record, your license application may be
denied. After expungement, you can answer “YES
— CONVICTION DISMISSED” on your license
application. Most government agencies will treat
you the same as if you had never been convicted
of the crime.
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4. State Licenses
Expungement in California: 5 Great Reasons to Do it Now
8. Many financial institutions are reluctant to
make loans to individuals with convictions.
Expunging a criminal conviction from your
record can improve your eligibility for auto,
personal, and student loans, business
financing, and home mortgage loans.
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5. Loan Eligibility
Expungement in California: 5 Great Reasons to Do it Now
9. Although expungement can clear away
many of the limitations of a criminal
conviction, some restrictions remain.
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What Expungement Can’t Do
Expungement in California: 5 Great Reasons to Do it Now
10. Firearms
Expungement by itself does not restore the right to
purchase or possess firearms if a conviction resulted in
such restrictions.
Future crimes
Expunged convictions can still increase the severity of
punishment for future criminal convictions.
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Limitations of Expungement
Expungement in California: 5 Great Reasons to Do it Now
11. Driving privileges
Expungement does not automatically restore driving
privileges that resulted from a conviction, such as
suspension of your driver’s license.
Sex offender registration
If you are required to register as a sex offender as a
result of a conviction, expungement will not eliminate
the duty to register.
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Limitations of Expungement
Expungement in California: 5 Great Reasons to Do it Now
12. If you were convicted of an infraction, misdemeanor, or a
felony you can petition for expungement so long as you
meet these four conditions:
1. You were not sentenced to state prison.
2. You completed your sentence.
3. You are not currently serving another sentence, and
are not on probation for another offense.
4. You are not currently charged with any other crime.
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How Expungement Works
Expungement in California: 5 Great Reasons to Do it Now
13. After obtaining your court records, you can petition the court
to withdraw your guilty or no contest plea or verdict and
enter a not guilty plea instead. The court will then set aside
and dismiss the prior conviction. From that point forward,
records of your prior conviction will show the charges as
“DISMISSED.”
Certain felonies do not qualify for expungement. You should
consult with an experienced post-conviction attorney to
determine whether you qualify for expungement before
proceeding.
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How Expungement Works
Expungement in California: 5 Great Reasons to Do it Now