Having a criminal record can significantly affect your life. Fortunately, California law has options you could explore to reduce the impact of the conviction. An expungement is a legal proceeding in which the court allows you to withdraw a no-contest or guilty plea before dismissing your case. To expunge your record, you will need to file a petition under California PC 1203.4.

You need to ensure you meet all legal requirements before filing the petition. The judge will decide whether or not you should be provided with post-conviction relief after examining your petition. An expungement will not remove your criminal record and make the burden of your convictions bearable. Also, it is an opportunity for you to start anew in life.

Some of the benefits of expunging your criminal record include:

Increased Employment Opportunities

A criminal conviction can have a devastating impact on your career and employment prospects. Before offering you a job, most employers will perform a background check. Since criminal convictions are public records, the background check can reveal your offenses and the punishments you faced. Many employers are hesitant to employ individuals with a criminal record, especially if the crime involved violence.

Sometimes, a criminal conviction can cause your employer to terminate you or suspend you temporarily. For instance, if you have a conviction for fraud, financial institutions may use it to discriminate against you during the recruiting process. Fortunately, expunging your conviction can help you put the negative impact behind you. Employers often perceive an expunged conviction as less significant. This is because an expungement shows that you made efforts to put your mistakes behind you.

Therefore, if you face a termination or suspension, you can use the expungement to convince your employer to reinstate you to the position. After expunging the conviction, an employer cannot use it to discriminate against you. Additionally, you can truthfully answer no when you are asked about prior convictions. Although the expungement does not erase the conviction, most private entities may not be able to access the conviction records.

Access to Professional Licenses

Many California professionals require a license to practice in the state. These include nurses, pharmacists, contractors, realtors, and doctors. The boards that regulate these professionals often require a clean record before issuing or renewing a professional license. Therefore, they will perform background checks on professionals. A criminal conviction, even if it is not related to your profession, can significantly affect your ability to obtain or retain your license.

Having your professional license revoked or failing to obtain it after completing your education will ruin your life and career. Nevertheless, you can address the problem by having your criminal records expunged. This is because your actions in applying for expungement demonstrate that you have taken the right path toward rehabilitation.

Better Housing Opportunities

Many landlords perform background checks on tenants before renting or leasing their property to them. Some criminal convictions can affect your ability to obtain decent housing. For instance, if you have a conviction for a sex crime, most landlords will decline to rent their property to you. This is because they seek to protect their other tenants. Also, if the area is near a school or a playground, you may not be allowed to live there.

Missing housing opportunities can leave you struggling with homelessness. Expunging a criminal conviction can remove the barriers to your rental applications. This means that the landlord will not automatically reject your application. Instead, they may perform a more thorough review of your conduct. Additionally, a successful expungement can improve your chances of approval for desirable housing in the competitive market.

However, you should understand that an expungement does not erase your sex offender registration requirement. Therefore, if this fact makes other tenants uncomfortable, the landlord may decline your tenancy request.

Enhance Your Educational Prospects

Universities, colleges, and vocational training programs may ask about your criminal record during admission. A criminal conviction can affect your admissions status. A California expungement can make it easier to pursue certain educational opportunities. Under California law, you can expunge a criminal conviction if you meet all the requirements. With an expunged conviction, you are in a better position to apply for school, training, or professional programs.

An expungement will not guarantee admission to the college or university of your dreams. However, it can give you:

  • Increased confidence in the application process. The expunged conviction will eliminate any doubts on the part of the institution regarding your criminal history. In this scenario, you will be able to apply for colleges, universities, and other training institutes with more ease.
  • Increased chances of admission into the program. An expungement will help reduce the impact of the previous conviction during the admissions process. It will not, however, remove the conviction from all forms of background checks.
  • Receive professional education. Certain career programs may lead to licensed professions. An expunged conviction can help when you later apply for a professional license.
  • Explore more scholarship opportunities. Some scholarships and educational programs ask about criminal convictions. Expungement may improve your ability to explain your record and focus on your current circumstances.
  • Secure a better future. Education will enable you to create more job opportunities for yourself. An expungement of your eligible conviction may help eliminate some obstacles to your educational goals.

Immigration Benefits

A criminal conviction can affect your immigration proceedings if you are a non-US citizen. Expunging a criminal conviction can provide several benefits. A successful petition under PC 1203.4 does not automatically erase the immigration consequences of your conviction. However, having your conviction dismissed can offer these immigration benefits:

  • It may improve your overall record. A dismissal can remove some state-law consequences of the conviction. This process can be helpful when rebuilding your record.
  • Can support rehabilitation. A dismissed conviction may show you completed your sentence. Also, it may convince the immigration authorities that you are making progress. Therefore, the immigration authorities may consider these efforts before imposing harsh action.
  • May open other legal options. In some cases, you may need a different form of post-conviction relief. California allows certain noncitizens to ask the court to vacate a conviction when they did not understand its immigration consequences.

Expungement alone may not prevent deportation, inadmissibility, or other immigration problems. Since immigration law is federal, you should speak with an immigration attorney before taking further steps.

Protection Against Legal Discrimination

Expungement may remove certain legal obstacles resulting from a prior conviction. Expungement under PC § 1203.4 is not considered a full erasure of the record, but there are some advantages of this process, which are as follows:

  • Protection during job applications. California Labor Code § 432.7 prevents employers from asking applicants to disclose dismissed convictions. Also, employers cannot use the dismissed convictions when making employment decisions.
  • Better employment opportunities. A dismissed conviction may reduce the chance of automatic denial of a job or promotion. If you are in this predicament, the employer may need more than your conviction to deny the job.
  • Protection from discrimination. It is illegal for employers, educational institutions, and landlords to discriminate against an individual because of an expunged conviction. These protections help reduce barriers in employment, education, and housing.

Some jobs may have special regulations regarding criminal history. The expungement procedure does not destroy the criminal record. Convictions may still be relevant during your application for these jobs.

Personal Closure and Peace of Mind

A criminal conviction on your record is a constant reminder of your past mistakes. Every time someone asks about it, you may be returned to the mistakes you have made in your efforts to move past. This can cause you to have anxiety and esteem issues. When interacting with new people, you may worry that they will find your conviction and change their perception of you.

An expungement can bring you some relief and closure. After a successful petition and PC 1203.4, most individuals will not be able to access the conviction records. Therefore, you can have peace of mind knowing that people will not use it to judge your character before they have a chance to know you. The ability to fully move forward with dignity and confidence can significantly improve your life.

As you move forward, you can focus on your improvements rather than constantly trying to explain away or handle the convictions.

Improves Eligibility for Record Sealing

An expungement can help you pursue additional relief for existing criminal records. An expunged conviction is no longer treated as an active conviction. This can make it easier to address the remaining public impact of the record. Record sealing is a separate legal process with its own eligibility requirements. You can seal an arrest record if your case was dismissed or the prosecution did not file criminal charges. An expungement does not automatically seal a criminal record. However, having the conviction dismissed is an important step when seeking further record relief.

California law allows eligible individuals to seek sealing of certain arrest records under Penal Code § 851.91. Other forms of record relief may also apply to the same case. Therefore, expungement can give you a stronger starting point when reviewing your options. A successful petition under Penal Code 1203.4 shows that you have completed the requirements necessary for that relief.

The specific rules for receiving the relief depend on the type of conviction, how the case ended, and your circumstances. A skilled attorney can review your record and determine whether you may qualify for expungement and sealing relief.

Improves Your Reputation and Social Standing

An old criminal conviction can affect how people view you. Since criminal records are public records, employers, landlords, professional contacts, or members of your community can find them. This situation may raise concerns about your character. Most people may not be able to separate you from the conviction. Expungement can help reduce some of these concerns.

When a California court grants an expungement, the conviction is dismissed under California Penal Code § 1203.4. The dismissal can allow you to move forward. Also, you can present a more positive image when pursuing new opportunities. Instead of being defined by an old mistake, you can focus on your education, work experience, skills, and future goals.

The expunged convictions will not necessarily appear in criminal records. Hence, you get a fresh start. The fact that your old conviction is no longer relevant in forming the first impression of you will make you more confident in social and professional settings. It is important to note that expungement does not erase the entire criminal record. Some agencies will still have information concerning the case.

Improved Loan Eligibility

Some convictions on your record may make it harder for you to get a loan. Lenders may consider your conviction a reason for your unreliability. Even when you are approved to get a loan, the lender may increase the interest rate and impose strict repayment terms. Expunging a conviction puts you in a different light because the conviction is dismissed. This action can make the loan-seeking process easier.

Find a Reliable Criminal Defense Lawyer Near Me

The impact of a criminal conviction can continue to affect your life long after you have served your sentence and paid your fines. When the conviction enters your record, it can affect your career, education, and personal life. Fortunately, expungement of the criminal record offers some relief from these collateral consequences. To expunge your conviction, you must ensure that you meet the eligibility requirements.

Then, you may file a petition under PC 1203.4. The judge will review the petition and may grant or deny the request. After the expungement process is completed, the record will not be available on background checks. It will help you get back on your feet and make your life easier. For filing a petition for expungement, you require legal guidance.

At the Law Office of Sara L. Caplan, we have extensive experience handling expungement cases. Our skilled attorney will help you determine your eligibility for the relief and file a successful petition in court. We serve clients seeking relief from criminal records in Los Angeles, CA. Contact us today at 310-550-5877 to discuss more details of your case.