Orange County Expungement Attorney – Expungement vs. Certificate of Rehabilitation

Expungement vs. Certificate of Rehabilitation

Having a criminal conviction on your record can have a negative impact on your personal and professional life. Finding a job or even a place to live can become a difficult process. Depending on your conviction, you may be eligible for an expungement of your conviction or a Certificate of Rehabilitation to help you move forward with your life. This is why it is crucial to hire an experienced Orange County expungement attorney.

What is an Expungement?

According to California Penal Code Section1203.4, an expungement releases an individual from all penalties and disabilities that are associated with a criminal conviction. Your criminal conviction will be cleared from your record, though it will not clear for public employment or a state license.

The Benefits of Hiring an Orange County Expungement Attorney

After your conviction is expunged, your record will show that you were arrested and convicted of a crime but that the conviction was set aside and the case was dismissed in the interest of justice.

Once your criminal conviction has been successfully expunged from your record, you no longer have to disclose that conviction to your prospective employer, thereby helping your chances of employment. When applying for a state or federal government job, you may need to disclose your conviction, but that the conviction has been expunged.

According to California Labor Code Section 432.7, a prospective employer cannot:

• Discriminate against you for being involved in an arrest that didn’t result in a conviction;
• Ask you about an arrest that didn’t result in a conviction; or
• Discriminate against you because your convictions have been expunged.

Using an Orange County expungement attorney can expunge your criminal conviction can also help you in obtaining a state professional license. In certain immigration cases, an expungement may help in avoiding deportation.

Are You Eligible for an Expungement?

You are eligible for an expungement if you were convicted of a misdemeanor or felony offense and:

• Did not serve a state prison sentence;
• Successfully completed your probation;
• Are not currently charged with a criminal offense.

Who is NOT Eligible for an Expungement?

You are not eligible for an expungement if you served time in state prison. The following crimes cannot be expunged:

• Penal Code 286(c) – Sodomy with a child
• Penal Code 288 – Lewd and lascivious acts with a child
• Penal Code 288a(c) – Oral copulation with a child
• Penal Code 288.5 – Continuous sexual abuse of a child
• Penal Code 289(j) – Forcible sexual penetration with a child under 14 years old
• Penal Code 261.5(d) – Unlawful sexual intercourse with a child 16 years old by a person 21 years and older

When Can You Petition for an Expungement

You are eligible for an expungement as soon as you successfully complete your probation.

Under Penal Code Section 1203.3, you are also eligible for an expungement if you were released from your probation early. A skilled Orange County expungement attorney such as Wallin & Klarich can file a 1203.03 motion in some cases to ask that your probationary period be terminated early. If early termination is granted, you may qualify for an expungement under section 1203.4.

If you were not given probation as part of your sentence, you can file an expungement one year after the court issued a judgment in your case.

To successfully complete your probation, you must have:

• Paid all fines and restitution;
• Completed any counseling programs;
• Completed any community service;
• Met regularly with your probation officer;
• Attended all required court appearances (either through you or your attorney); and
• Committed no new crimes.

Even if you had a probation violation while you were on probation, you may still be eligible to have your conviction expunged. The court will hold a hearing to decide whether or not you are good candidate for an expungement.

What an Expungement Does NOT Do

An expungement will NOT do the following:

• Overturn a suspended or revoked driver’s license;
• Restore your right to gun ownership under California law under Penal Code 29800; or
• End your duty to register as a sex offender in the state of California under Penal Code 290.

  

What is a Certificate of Rehabilitation?

If you do not qualify for an expungement, you may be eligible for a Certificate of Rehabilitation. A Certificate of Rehabilitation is a court document that declares that you have been rehabilitated and you are now a law-abiding citizen. Though it does not clear your criminal record, it states that moving forward as a member of society, your crimes are in the past.

Are You Eligible for a Certificate of Rehabilitation?

If you were convicted of a felony and sentenced to state prison, you are eligible to petition for a Certificate of Rehabilitation if you:

• Have been released from custody, probation or parole for your crime;
• Have not been incarcerated for any new crime since your release; and
• Have been living in the state of California for five years prior to filing the petition.

If you were convicted of a felony or misdemeanor sex offense specified in Penal Code 290 and you had that conviction expunged, you are eligible for a Certificate of Rehabilitation if you:

• Have been released from custody, probation or parole for your crime;
• Have not been incarcerated for any new crime since your release;
• Are not on probation for the commission of any other felony; and
• Have been living in the state of California for five years prior to filing the petition.

When Can You File for a Certificate of Rehabilitation?

In order to apply for a Certificate of Rehabilitation, a “satisfactory period of rehabilitation” must have passed. The satisfactory period includes the five-year California residency requirement and more based on the crime.

You must wait an additional four years if you were convicted for crimes including murder, kidnapping, assault with force likely to cause great bodily injury or any offense that a carries a life sentence.

If you were convicted for any sex offense requiring lifetime sex offender registration, you must wait an additional five years to apply for a Certificate of Rehabiliation.

A two-year period is required if you were convicted of certain child pornography crimes, sexual exploitation of a child or indecent exposure.

Certain violations of Penal Code 311 California’s child pornography laws,

The Benefits of a Certificate of Rehabilitation

A Certificate of Rehabilitation helps in preventing discriminatory practices against you for having a criminal conviction on your record. A Certificate of Rehabilitation

• Prevents you from being automatically denied a license from state licensing officials
• Relieves certain sex offenders of their duty to register as a sex offender under Penal Code 290
• Automatically acts as an application for a Governor’s Pardon

Call the Orange County Expungement Attorneys at Wallin & Klarich

If you or a loved one has been convicted of a crime, it is important that you speak with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience successfully getting criminal convictions expunged and obtaining Certificates of Rehabilitation for our clients. Our attorneys will work with you every step of the way to get the best possible results in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.