Chico Expungement Attorney
Experienced Representation From Our Chico Expungement Lawyer
Are you looking to clean up your criminal record and get a fresh start? In certain cases, relief can be obtained through expungement. Under California law, only specific circumstances will qualify you for this process. To determine if you are eligible, we recommend that you contact our firm, Robert L. Marshall, Attorney at Law.
Our Chico expungement attorney practices criminal law exclusively, which gives us a unique advantage. Bob thoroughly understands the local criminal justice system, its court procedures, and personnel – he can use his considerable knowledge and skills to advocate on your behalf in this matter.
What Is Expungement in CA?
With a few exceptions, there is no such thing as a true “expungement” in California. Criminal records do not expire and are considered to be public records, so they remain accessible to anyone running a routine background check. After having a record expunged, however, your criminal conviction will show up as “expunged” on checks. This means that a potential employer cannot deny you a job under these circumstances and you can legally answer “no” if asked whether you have any arrests or convictions.
Who is Eligible for Expungement in California?
Generally, those who may apply for expungement include:
- Applicants who have successfully finished probation for a misdemeanor or felony without being incarcerated
- Those who are not currently charged with a crime or on probation for a crime
- Those who are not serving a sentence for a crime
Keep in mind that certain convictions – such as sex offenses involving children – can never be expunged.
What Felonies Cannot Be Expunged in California?
In California, certain felonies cannot be expunged under the state's Penal Code. Here are some examples:
Serious Sex Crimes: Felonies involving serious sexual offenses, particularly those against minors, often cannot be expunged. This includes charges under Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j).
Child Pornography: Felonies related to child pornography, including those under Penal Code sections 311.1, 311.2, 311.3, and 311.11, typically cannot be expunged.
Severe Violent Crimes: Certain violent crimes, like murder, may not be eligible for expungement.
It's important to note that eligibility for expungement can depend on a variety of factors, such as whether the individual has completed their sentence, whether they are currently charged with, on probation for, or serving a sentence for another offense, and other aspects of their criminal history.
Additionally, recent legislation in California has expanded the types of felony convictions that can be expunged, especially for individuals who received a prison sentence as a result of their conviction.
Always consult with a legal professional for advice specific to your situation. Laws can change, and a lawyer will have the most up-to-date information.
Who Can See Expunged Records in California?
In California, an expunged record is not completely erased and remains visible to certain parties.
Law enforcement agencies and courts can still access the expunged record. This means that if you apply for a job in law enforcement or with the court system, they will be able to see your expunged record. Additionally, some state agencies, such as the Department of Justice, may still have access to your expunged record for certain purposes.
However, most employers, landlords, and other members of the general public will not be able to access your expunged record. This means that your expunged record should not appear on most background checks conducted by private companies.
It's important to note that while an expunged record may not show up on a background check, it does not completely erase the record. It simply changes the status of the record to show that it has been expunged.
Let Our Chico Expungement Attorney Fight For You
Understanding expungement and determining whether you are qualified will require the knowledge of a skilled Chico criminal defense lawyer. Our firm has helped hundreds of individuals with all manner of criminal defense matters in Chico, Oroville, and the surrounding areas. We are here to help, never to judge. Our goal is to assist you so that you can move forward with a fresh start.
Case Dismissed Assault With A Deadly Weapon
Reduced to Reckless Driving DUI
Reduced to Reckless Driving DUI
No Charges Filed Elderly Abuse
He took his time over the last 7 months discovering evidence and I owe my freedom to this man. He made calls to me on HIS time, and helped make sure I did everything I needed to do.- Anthony
Retained Mr Marshall this year, and find that he has done all I asked regarding my case. Mr Marshall is attentive and will fight like a bulldog and I know for a fact that he is only concerned for his client and justice.- Darrin
I never even had to go to court on the case. He's very honest and explains things in a way that I can understand.- Tony
At the end of the experience, we were very pleased with the outcome and attorney service.- Anonymous