LOS ANGELES EXPUNGEMENT

CALIFORNIA EXPUNGEMENT

Jerod Gunsberg, Los Angeles Criminal Lawyer

Los Angeles Expungement image

Under California Law, most misdemeanors and certain felonies can be expunged from your record.

Who qualifies to have their record expunged?

Anyone who has:

  • Been convicted of either:

1) A misdemeanor or

2) A felony that could have been charged as either a felony or a misdemeanor (called a “wobbler”).

  • Successfully completed probation or successfully petitioned the court for early discharge of probation.
  • Paid all restitution, fines, and fees associated with your probation.

How do I get my record expunged?

At the Law offices of Jerod Gunsberg, Attorney Jerod Gunsberg will personally review your court file with you to make sure that you qualify for expungment.  If you believe there are errors in the court file, we will investigate further.  If you qualify for expungement, then Mr. Gunsberg files a petition with the court to “reduce and dismiss” the conviction (if it is a felony conviction) or to “dismiss” the conviction (if it is a misdemeanor).

What does an expungement cost?

In Los Angeles County, the fee is $120.  This fee is factored in to the legal fees.  Since no two expungement cases are the same, the amount of attorney’s fees vary depending on the amount of time it takes and whether a court appearance is required.

If I get my record “expunged” does that mean the conviction completely disappears from my record?

No.  The conviction still shows up on your record.  Your record is not expunged, cleared or sealed.  Another line is added to your record which shows that your case was “dismissed.”  The fact that you were convicted still appears on your record. Your record also shows that the case was later dismissed. In fact, the proper term for the procedure is actually “dismissal.”

If I get my record expunged, can I tell an employer I was never convicted of a crime?

If you are applying for work or currently work with a private employer, they are prohibitted from asking if you were convicted of a misdemeanor that was expunged.

For felony convictions that were reduced to a misdemeanor and dismissed, there’s no law that spells out the requirements one way or another.  But, if a potential private employer asks you if you’ve ever been convicted of a felony, it is a lot better to tell the truth and explain that the charge was later dismissed.  If you deny a felony conviction,  you run the risk of the employer running a background check and finding out the truth.   There’s nothing you can do to change the fact of your conviction, but if you lie about it, it will come back to haunt you.

If you are applying for a professional license or work for or are licensed by a public agency: If you are directly asked if you ever been convicted of a misdemeanor or a felony,  you must say yes. Of course, if you successfully complete the expungement process, you can say that the conviction was set aside and dismissed.

What are the other limitations on an expungement?

  • An expunged offense can still be used against you as a prior offense.
  • Your conviction requires you to register as a sex offender under Penal Code 290, you must still keep your registration current even after expungement.
  • If you expunge a felony or a misdemeanor that prohibits you from owning a firearm, you are STILL prohibited from owning a firearm.
  • If your conviction caused your license to be revoked or suspended, an expungement does not end your suspension or revocation.
  • If you testify in your own defense at a future criminal trial, the prosecutor may be able to use your conviction against you to impeach your credibility.

Get your California Expungement handled properly.
Call Los Angeles Criminal Lawyer, Jerod Gunsberg
at (310) 210-0744 for a free consultation.