Expunge Your Record
Expert advice on expunging and sealing your misdemeanor or felony conviction or arrest in Sacramento.
Expert advice on expunging and sealing your misdemeanor or felony conviction or arrest in Sacramento.
California offers many solutions to expunging or sealing your criminal records. Everyone deserves a second chance and California offers remedies to put your past behind you. If your conviction was a misdemeanor or a felony that did not result in prison time, you may be eligible to have your record expunged. Read more on how to expunge your criminal record. If your felony resulted in prison time, California offers a Certificate of Rehabilitation to show potential employers that you have been and outstanding citizen and have truly put your past behind you.
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Expungement requires filing a motion to expunge pursuant to California Penal Code § 1203.4. The motion must be served on the District Attorney, who will have an opportunity to oppose and argue against it at a court hearing. Courts in Sacramento charges a non-refundable $120 filing fee that is required at the time the motion is filed. The court will schedule a hearing. Your attorney can attend the hearing on your behalf and argue the case.
Attorneys who specialize in expungement can expunge misdemeanors for around $600, and that includes all court costs. They can expunge felonies for around $800. When choosing an Sacramento expungement attorney, there are key factors on choosing a reputable attorney to handle your expungement or record sealing case. Below are some tips on choosing a qualified expungement or record sealing lawyer to expunge your criminal record.
- Check the California state bar records for a license and discipline report
- Make certain the street address on the California Bar records match where you are sending payment
- Have the security and protection of paying with a credit card
- Make certain the attorney has a street address
Once your Sacramento criminal record is expunged, your employment opportunities are broadened as records will no longer appear in background checks. You become eligible to obtain certain professional licenses such as a California contractors license, real estate license, nursing licenses and other medical professions. Also, you have the benefit of honestly telling anyone that you were not convicted of a crime.
The definition of moral turpitude is essential to the analysis of sealing or expunging a juvenile record in California.
Courts have defined moral turpitude as follows:
"Generally, moral turpitude is "an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man" (In re Craig (1938) 12 Cal.2d 93, 97), including "any dishonest or immoral act" (Chadwick v. State Bar (1989) 49 Cal.3d 103, 110). "The meaning and test is the same whether the dishonest or immoral act is a felony, misdemeanor, or no crime at all." (Ibid.) In the context of licensing statutes--including those before us--a person who engages in an act of moral turpitude may be denied a license, provided there is "a substantial or rational connection between the committed offense and the particular occupation." (Brewer v. Depart-ment of Motor Vehicles (1979) 93 Cal.App.3d 358, 365; accord, Clerici, supra, 221 Cal.App.3d at p. 1029.)"