What is an Expungement Attorney and 'Expungement of Criminal Records'?

I get asked a lot of questions about what an Expungement Attorney does and if they can help someone with a tarnished legal record.  A few of the more common questions are below. Please feel free to use this information as a starting guide, but contact me with the specifics of your case so I can help determine your best options.

What exactly is expungement of one's criminal records? 

This is process whereby your adult records are cleaned up of some of the various criminal records associated with your legal history, when reviewed in background checks by others. Although the phrase 'expungement of criminal records' does appear to sound all-encompassing, there are certain details one has to keep in mind. The level of crime, the details of your particular case, and other factors. Generally, getting a conviction expunged from your record means that you are able to hide the conviction from certain entities -- like some employers, credit agencies, and even landlords in the event that a background check is inititiated on you.

Will this assist me in getting employment, even with a record?

A majority of the employers in the private sector are actually not permitted to view a conviction that has been expunged -- and most private employers are not permitted to ask you about a conviction that has been expunged when applying for employment. This can be of great benefit to someone trying to restart their life and entering the working world.

Who exactly can receive an expungement of their criminal record?

Although there is a certain number of crimes for which expungement is not available, many crimes fall in the category which allows for expungement. I can help you determine if the activity involving your case is applicable, and if you are able to seek expungement, will assist in that process.

Will there be a hearing or court appearance?

Actually this depends.  In most misdemeanor cases, expungements are taken care of without any actual hearing in a court. A determination will be made based on filed documentation and a court order is made based on evidence in theses documents. In the case of felony cases, we can represent you in any court proceedings and you likely will not need to be present in court as part of the process.  We can discuss the options in your particular case that suits you best.

Are there some things that an expungement will not do?

Yes. As an example, expungements will not be removed from official FBI criminal records or California conviction records. Depending on the circumstances, possession of firearms may still be limited if taken away in such cases as domestic violence. There are numerous details involving each case that determine what the expungement in your particular case will remove. We can determine the details based on your individual case.