What is an expungement?

Expungement of criminal  convictions refers to a legal process by which a person’s criminal record is altered in a favorable manner.  The type of expungement that is appropriate to a given criminal case will vary, depending upon many factors.

Expungement of a criminal case has many benefits, chiefly the ability to deny a conviction when asked by a potential employer.

Expungement begins by determining which type of relief is appropriate. It is critical that you contact an attorney who knows how to navigate the expungement process.

Q: What will affect my expungement?

A: The type of expungement you request depends on the following factors:

  • Whether you were a juvenile or adult at the time of the conviction
  • Whether the conviction was for a misdemeanor or a felony
  • Were you placed on probation or went to state prison as part of your punishment.

Q: What are the steps to an expungement?

A: The process depends on the difficulty of the case.  However, the normal course is as follows:

  • Retain a lawyer to draft a Motion(a formal legal document asking the court to take a particular action).
  • The Motion will be filed with the court and all parties
  • The court must be convinced in a court proceeding that you have led an honest and upright life, and the interests of justice would be served by granting the request

Expungement of a criminal conviction is an excellent way to close a chapter on a past mistake. Expungement allows a person to move forward with their life, without the baggage of a prior conviction, or having to disclose a criminal record.

Expungement for Immigration Purposes:

It is critical to seek out an attorney who understands the special needs of an alien who is seeking relief from a criminal conviction that is rendering them either inadmissible or subject to deportation. If you are not a U.S. citizen and have been convicted of a “crime of moral turpitude” or an “aggravated felony,” you will want to consult with an experienced attorney. Call Nikki Jeannine Stewart for a free consultation.

Expungement provides freedom, peace of mind, and a clean slate.

Q: What is the difference between a Misdemeanor, a Felony, and a Wobbler?

A: Misdemeanors are offenses that are punishable by a fine, and/or up to one year in county jail

Felonies are punishable by a fine, and by custody in state prison.

Wobblers are cases that can be punished by either up to one year in county jail, or by imprisonment in state prison.

Expungement, when properly done, can remove hurdles to gainful employment, professional licenses, and bring closure. Therefore, it is essential that one who would like to pursue an expungement should contact the Law Offices of Nikki Jeannine Stewart.  She understands the different types of relief available, and how to obtain them.

Call today for a CONSULTATION: 949-262-0570 or contact@theocdefense.com.