San Bernardino Expungement Attorney
At Wallin & Klarich, we’ve been helping clients scrub their records by means of expungement for 40+ years. With offices located in San Bernardino, Orange County, Riverside, West Covina, Torrence, and throughout Southern California, we’re only a phone call away! Call us at (877) 4-NO-JAIL to see what steps you can take to successfully expunge your criminal record.
What is Expungement?
You do the crime, serve the time, and then move on with your life. Right?
Not so fast. For most offenders, criminal records continue to result in significant barriers when it comes to securing employment, a higher education, or good housing. If you currently have a criminal record, then you know exactly what we’re talking about. You’re legally required to disclose your prior arrest when asked about it by an employer or potential landlord. Besides, they’d likely find it when they ran a background check on you even if you did attempt to hide it.
What if we told you there was a way to erase your criminal past mistake? You read that right – seeking an expungement in San Bernardino can help you clear your criminal record completely. It will be as if you were never arrested, and you’ll legally be able to say that you have no prior convictions.
Are you interested in learning more? Below, we’ll go over the ins and outs regarding expungement in San Bernardino. If you’re eligible, then our experienced attorneys can help you meet your legal goals and expunge the charge from your record forever.
Who is Eligible for an Expungement? Penal Code 1203.4
Under California Penal Code 1203.4, individuals who have met certain criteria have the opportunity to expunge (or erase) a former conviction. Everyone’s legal situation is different, but the majority of individuals who were convicted of crimes in California maintain this right. This holds true whether you’ve gotten convicted of a misdemeanor or a felony crime.
While nearly everyone can apply for an expungement, not everyone will receive one. Courts in San Bernardino have the discretion to approve or deny expungement requests even if the individual has met all the eligibility requirements. With that in mind, here are the bare minimum criteria that you must meet before even thinking about seeking out an expungement:
- Completed any court-ordered community service
- Completed your terms of probation
- Paid all restitution and fines related to your case
- Attended all your probation appointments
- Obeyed all court orders regarding the offense
- Attended all required rehabilitation courses or court-ordered educational programs
- You haven’t committed any further criminal violations
- You’re not currently on probation or parole for another offense
If you’ve met these requirements, then there’s a good chance the court will review your case and your progress. If they feel that you’re a good candidate, then you could have your expungement approved.
Situations Where You May Qualify for Expungement
While most people will need to meet all the conditions outlined above to be eligible for expungement, you may be eligible without meeting all of those qualifications. In the situations outlined below, you could be eligible for an immediate case review and expungement:
- You did not serve time in prison
- You served time for a non-violent crime and took part in the California Department of Corrections and Rehabilitation conservation campfire crew. This program helps future firefighters get expungements in order to pursue their career fighting fires.
- You served time in state prison but would’ve been able to serve out your sentence in jail if your crime had been committed after the implementation of “realignment” under Proposition 47.1
Do you feel like your situation was described above? If so, then we advise you to reach out to our firm immediately at (877) 4-NO-JAIL. You could be eligible for expungement even if you violated probation or didn’t meet the criteria outlined above. Here at Wallin & Klarich, we can help you determine whether you should file for an expungement or not. We can also help you take steps towards securing a future expungement.
Who is NOT Eligible for Expungement? Penal Code 1203.4
While most former offenders are eligible to seek out an expungement, California penal code 1203.4 lines out a few types of crimes that can not get erased. Here are some of the types of crimes that are not eligible for expungement:
- Felony possession of child pornography
- Unlawful sexual intercourse with a minor under 16 years old committed by a person over 21 years old
- Forcible sexual penetration with a minor under 14 years old
- Continuous sexual abuse of a child
- Lewd and lascivious acts with a minor
- Sodomy with a minor
- Oral copulation with a minor
On top of that, you’re often not eligible for expungement if you served time in state prison for a violent. If you have been convicted of one of those types of crimes, there’s still a chance that you could get a Governor’s Pardon. A pardon isn’t exactly like an expungement, but it can still help you rehabilitate your image after a conviction.
When Can I Petition to Have My Record Expunged?
You can petition for an expungement as soon as you’ve completed all the terms of your probation, including if the court discharges your probation before it would be over otherwise. If you did not get sentenced to serve out probation, then you need to wait at least one year from the date of your conviction to seek out an expungement.
Steps Toward Expungement: What We Can Do For You
Seeking out a clean slate is an opportunity you don’t want to miss out on. You also need to take your time, though, so that you don’t make any mistakes throughout the process. That’s why we’ve created this step-by-step guide to help you succeed with your expungement application.
Here at Wallin & Klarich, we can guide you through each step and help give you the best odds of getting approved for expungement.
Step One: Hire an Attorney in San Bernardino
First, it’s advised that you hire an attorney in San Bernardino to help you with the expungement. If you don’t hire a lawyer, then you’ll have to handle the process on your own, as well as represent yourself at your hearing. To give yourself the best chance at success, it’s better to have an experienced lawyer by your side.
Step Two: Complete Forms
Next, you and your lawyer will need to complete a significant amount of paperwork. If you hire the experts at Wallin & Klarich, we’ll make sure that all the necessary forms you need get filled out accurately. We’ll also help direct you to other types of paperwork that you may need to fill out, like forms to help you reduce a felony to a misdemeanor if applicable to your situation.
Step Three: File for Expungement
Next, your lawyers will submit all your paperwork to the court, which will officially initiate your petition for expungement.
Step Four: Preparing for Court
Once you’ve filled out the right forms, you’ll want to gather up evidence to help prove to the court that you’re a great candidate for expungement. The first type of evidence you’ll want to collect is proof that you meet the eligibility requirements – like forms showing you completed probation. Next, consider bringing evidence like:
- Training for your job
- Proof of employment
- School transcripts
- Proof you completed treatment programs
- Evidence of volunteer work
- Counseling records
- Character letters from your co-workers, friends, or family
Of course, you want to be sure to show up to your hearing on time. Look presentable, and be ready to talk about your recovery process if you get asked about it.
What If Your Expungement Is Denied?
If your expungement gets denied, then you’ll have to wait 6 months before filing again. During that time, we will advise on taking certain steps to increase the likelihood of approval next time.
Hire an Experienced Expungement Attorney in San Bernardino
The best way to ensure your plea for expungement is well received by the courts is to hire an experienced expungement attorney in San Bernardino to represent you. Here at Wallin & Klarich, we embody all the traits you’ll want to look for in a good attorney. We encourage you to learn more about our qualifications below.
Wallin & Klarich: 40+ Years of Experience Fighting for Expungement
When looking for the best legal representative to help you, it’s important to do your research. You need to look for the following factors when deciding who to hire:
- Track record
- Reputation & ethos
24/7 Communication With Your Attorney
Sometimes, you need legal advice immediately. You can’t wait for hours to get a response from your attorney. The good news is that with Wallin & Klarich, we offer 24/7 communication and support. When you need us, we’ll be there for you.
Track Record of Success
Do you need some solid proof of our experience and skill? If so, then all you need to do is take a look at our track record of success. Check out our recent success stories in court and let our results speak for themselves.
Reputation & Ethos
Reputation & ethos are crucial factors that you need your attorney to embody, especially in an expungement case. If you opt to hire an attorney with a less-than-favorable reputation, then the courts are less likely to take your expungement plea seriously. Your attorney’s negative reputation can work against you!
The good news is that every professional at the law office of Wallin & Klarich has a positive reputation in local courts in San Bernardino. Our reputation was forged through decades of practice and reflects our undeniable ability to provide the best possible legal support for your expungement.
Erase Your Criminal Past Through Expungement in San Bernardino
As you know, having a former conviction on your record limits your opportunities. Sometimes, it prevents you from building new relationships with people. It can also prevent you from living your best life. All of that can change if you qualify for an expungement in San Bernardino.
Here at Wallin & Klarich, our team of highly trained attorneys have over 40+ years of experience representing clients seeking an expungement in San Bernardino. If you believe you qualify for an expungement and you want to move forward with the process, then we want to help you reach your goals. Contact us online or by phone at (877) 4-NO-JAIL to get started on your new future.
When you’re ready to take your future into your own hands, we’ll be ready to help.