Tustin Expungement Defense Attorney
What Is Expungement?
Have you ever wished for a clean slate? If so, expungement in Tustin might be the right option for you. Expungement is the legal process by which a record of your criminal conviction is destroyed or sealed. If your attorney successfully files for an expungement of your conviction, you can withdraw your guilty or no contest plea, and you will no longer face the negative consequences stemming from your prior conviction. This means that you are no longer required to disclose your conviction when applying for employment, and background checks by landlords or schools will only show a dismissal “in the interest of justice.” When you are no longer tied to a criminal past, you have a much better chance of success in the future.
In order to achieve a successful expungement, the first step is contacting an experienced expungement attorney to help you navigate this complex legal process. With over 40 years of experience, our skilled attorneys at Wallin & Klarich have helped thousands of clients achieve expungement in Tustin. We understand that everyone makes mistakes, and we believe that everyone deserves a second chance at a better life. If you’ve begun down a new road but your past keeps holding you back, we can assist you in expunging your record for your prior conviction. Contact Wallin & Klarich today to see how we can help you build towards a better future.
Who Is Eligible for Expungement?
California Penal Code Section 1203.4 outlines the conditions you must meet in order to qualify for expungement. In general, you may be eligible for expungement in Tustin if you have been convicted and received one or more of the following penalties: county jail, probation, or fine. However, there may be exceptions to this rule, which is why it is important to contact an experienced expungement attorney before proceeding. Continue reading to decide whether expungement is the best option for you.
Situations that Qualify You for Expungement
If any of the following circumstances apply to your case, you may also qualify for expungement even if you do not meet the above criteria.
- You didn’t serve a state prison sentence for your conviction.
- You served time in state prison, but you would have received a county jail sentence instead under Proposition 47.1.
- You were convicted of a non-violent crime and participated in a California Department of Corrections and Rehabilitation (CDCR) conservation camp’s fire crew. Under Assembly Bill 2147, former fire crew members are eligible to have their records expunged, which allows them to apply for positions as firefighters upon release.
Completed Probation
In order to qualify for expungement, you must have successfully completed your probation period. Once you’ve completed your probation, you must also meet the following additional requirements:
- No new criminal violations
- Followed all court or jail orders
- Attended all required court appointments
- Paid all fines and restitution
- Finished community service
- Attended drug or alcohol rehabilitation
- Consented to police searches or seizures of your person or property
- Not currently on probation or parole
If you violated your probation, you may still have a chance at expungement, but it is necessary to consult with your attorney. Although the expungement process is complex, our attorneys at Wallin & Klarich will fight to get the best results for you. We will guide you through the entire process of filing for expungement and defend your rights at your hearing.
Who Is Not Eligible for Expungement?
Although many crimes are eligible for expungement, there are certain crimes that are deemed too serious to be expunged, especially sex crimes involving minors. Exceptions do apply, so contacting our knowledgeable attorneys at Wallin & Klarich is the best way to determine whether you are eligible. However, some of the crimes that are always ineligible for expungement include:
- Sodomy with a minor (PC Section 286(c))
- Lewd and lascivious acts with a minor (PC Section 288)
- Oral copulation with a minor (PC Section 288(a))
- Continuous sexual abuse of a child (PC Section 288.5)
- Forcible sexual penetration of a minor under 14 years old (PC Section 289(j))
- Felony possession of child pornography (PC Section 311)
With some of these convictions, we may still be able to help you by requesting a Governor’s Pardon under Penal Code Section 1203.4(g). This is an honor granted to people who have demonstrated that they have been rehabilitated following a criminal conviction and can help prove to others that you are no longer a threat to society.
When Can I Petition to Have My Record Expunged?
Once you have successfully completed your probation, you can immediately begin the process of filing for expungement. According to California Penal Code Section 1203.3, you can file for expungement even if the court terminates your probation before the end of your term. If the court did not order probation after you were convicted of a misdemeanor or infraction, you must wait a year from the date of your judgment before filing for expungement.
The Expungement Process: What You Need to Do
Step 1: Hire an Attorney
Perhaps the most important step in your expungement process is hiring an experienced defense attorney to go over the details of your conviction and aid you at your hearing. Having over 40 years of experience with expungement cases, our attorneys at Wallin & Klarich are ready to take on your case and attain a successful outcome for you. We understand each step of the process and will remain at your side as your trusted legal experts.
Step 2: Complete Forms
With expungement comes a lot of time-consuming paperwork. On top of expungement forms, you may need to fill out additional forms in order to terminate probation or reduce a felony charge to a misdemeanor. When you hire an attorney from Wallin & Klarich, you can rest easy knowing that all of the necessary paperwork will be taken care of for you. Our skilled attorneys guarantee that all forms are filed correctly and in a timely manner.
Step 3: File for Expungement
Once you are done with the paperwork, it’s time to actually file them for expungement. When filing for expungement in Tustin, it is crucial to meet all of the required deadlines. If your paperwork is late, the court can deny your expungement. Wallin & Klarich will ensure that we are always prepared to meet all of your deadlines.
Step 4: Prepare for Court
A lot goes into preparing for an expungement hearing. Our attorneys will work closely with you in order to put together a persuasive argument to support your request for expungement. First, we will gather evidence to show that you have completed your probation successfully without any new criminal violations. If you violated your probation, we will then put together additional evidence to prove your rehabilitation including:
- School transcripts
- Employment history and job training records
- Charity or volunteer work
- Letters from school officials, employers, probation officers, etc.
- Therapy or rehab programs
What If My Expungement Is Denied?
If your expungement is ultimately denied by the court, we will not give up. We will continue to work to secure your clean slate by refiling on your behalf as soon as possible. Our successful track record and roster of happy clients are evidence of our strong defense strategies and legal skills. When you choose Wallin & Klarich to represent you, we promise to do everything in our power to bring you your desired outcome.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are seeking a complex legal process like expungement, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
- Experience
- Communication
- Success
- Credibility
40+ Years of Experience with Expungement
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of criminal charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you with your expungement. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.