Expungement (Dismissal under Penal Code 1203.4)
If you have been convicted of a criminal offense, it is very likely that it has impacted your ability to obtain employment, or even your social standing among friends and colleagues. In the information age, it is very easy for employers, potential employers, and frankly, anyone from the general public to do a little bit of research into your background and find your past criminal conviction. But all hope is not lost if you have a past criminal history. Under Penal Code 1203.4, you may petition the court to dismiss your criminal conviction, so that you no longer have to disclose that you have been convicted to private employers, and your criminal conviction will come up as a dismissal in background checks. Our criminal defense attorney has a wide range of experience in helping clients clean up their criminal records. Contact us today at 760-948-0630 to speak with our San Bernardino County expungement attorney, to determine whether you are eligible to file a 1203.4 motion.
Penal Code 1203.4 states that in any case where a defendant has successful completed probation, and the terms of probation have been fulfilled, the defendant shall be able to petition the court to enter a not guilty plea, and said court shall enter the not guilty plea, if the requirements of Penal Code 1203.4 have been met. Thus, in order for the court to grant dismissal of your criminal conviction, you must meet the following criteria:
1) You have successfully completed probation, either by an early termination of probation, or on its terms; and
2) You are not currently charged with a crime, on probation for another crime, or serving a sentence for another criminal conviction.
It is important to note, that if you were sent to state prison, either for the sentence, or the probation violation itself, you do not qualify for an expungement. If you violated your probation terms at any point during probation, you may still be able to petition the court to dismiss your conviction, after your probation terms are completed. Contact our office today, to see whether our expungement attorney can help you obtain a dismissal under Penal Code 1203.4.
There are several very good reasons that you should petition the court to dismiss your conviction under Penal Code 1203.4. These include, but are not limited to:
1) You will no longer be required to disclose a criminal conviction on job applications with private employers, and even if potential employers know about the conviction, they cannot discriminate you based upon the fact that you have expunged convictions.
2) Even though you will still have to disclose criminal convictions to government employers, a conviction that has been dismissed may look better to an employer, than if you did not expunge your record.
3) The expunged record could help you obtain a professional license, or help you in your immigration case.
Cleaning up your criminal record is vital to your success in your future endeavors. If you have been convicted of a criminal offense, you should contact an experienced expungement lawyer to discuss whether you are eligible for a petition for dismissal. Our attorney at Martell Law Corp., has the necessary expungement experience to guide you through the expungement process, and help you to clean up your criminal record. Contact us today at 760-948-0630 to schedule your consultation.