California Expungement Law
We are the place to go when you want your record cleared fast and the right way. Your legal matter is handled by experienced attorneys. Our fees are reasonable, and include all legal work, court costs, and court hearings; there are no hidden costs or surprises. We have options to expedite the removal of your expunged criminal record from the background check companies— so you can pass a background check faster than you would if you had to wait for them to do their annual updates.
What is an Expungement?
California Law provides for clearing a conviction by having the case dismissed, and the conviction set aside. The California criminal record expungement law, Penal Code § 1203.4, is complex in certain areas, and the expungement of a criminal record is something that should be done by anyone with even a minor criminal history. Contrary to popular belief, criminal convictions are not cleared automatically with time.
How do I find out if I am eligible for an Expungement?
Call us and we will be glad to give you a free consultation. Unless you were sent to State Prison or were convicted of a serious sexual offense, you are probably eligible for an expungement. Even if you had a probation violation, it is often still possible to expunge your case, see People v. McLernon, 174 Cal. App. 4th 569 (2009). Felony, misdemeanor, and nontraffic infractions can be expunged.
How Long Does an Expungement Take?
Generally speaking, expungements take in the neighborhood of 90 to 120 days. Call us about your case; with our experience, we can give you a pretty good idea of how long your case will take.
Why Expunge My Record?
Background checks for employment, professional licensing, college admission and financial aid, or even renting an apartment are now commonplace. An expungement helps ensure success in these undertakings. Many of our clients seek expungement for these reasons, but a large number get their records expunged for peace of mind and closure on a past mistake.
How Does Expungement Work?
We file on behalf of our client a petition for expungement under California Penal Code section 1203.4. The prosecuting attorney must also be served, and filing fees (set by each County) paid; we pay these fees, and they are not "added on" to your cost.
The prosecuting attorney has the right to object to an expungement, although objections are limited in scope. Unfortunately, some prosecutors do not fully understand the expungement law and will make objections that have little or no legal merit. We file formal replies to such objections so that the court knows the most recent law regarding expungement. Depending upon the court there may or may not be a formal hearing scheduled. If there is a hearing scheduled we attend for our clients, at no additional cost.
When the expungement is granted, our client is allowed to take back their plea of guilty or no contest and enter a brand-new plea of not guilty. The case is ordered dismissed, and the conviction is set aside by the court.
This removes the criminal conviction from the petitioner's record. The court clerk notifies the California Department of Justice and FBI databases of the expungement and updates their records to show that the conviction has been ordered to be set aside by the trial court.
Our clients receive a copy of the order showing that this has occurred. They can then honestly answer "NO" to a question about criminal convictions in most cases.
Over the past 15 years, we have had about 95% of our petitions granted; those denied had issues with unpaid fines, new cases, or a failure to complete community service or court-ordered classes.
We are so confident that we provide a money-back guarantee on most California expungement services.
Arizona Record Clearing Options
Having a criminal record in Arizona can significantly affect various aspects of your life. If you are currently facing the adverse consequences of this situation, we are here to assist you in moving forward and leaving your past behind. Thankfully, the Arizona legislature has provided several ways to clear your record and remove barriers created by a criminal record in Arizona.
Set Aside: Available for both misdemeanor and felony convictions, individuals who have completed probation or their sentence may be eligible to set aside their conviction, releasing them from associated disabilities and penalties, with certain exceptions.
Record Sealing: Governed by ARS 13-911, this option allows individuals to petition the court to seal all records related to their arrest, conviction, and sentence. Once granted, it's as if the arrest never occurred, providing confidence in responding to inquiries related to employment, housing, and more.
Firearm Rights Restoration: Arizona law permits the restoration of firearm rights lost due to a felony criminal conviction, with varying waiting periods based on the nature of the offense.
Certificate of Second Chance: This serves as an additional benefit to a set-aside, relieving applicants from occupational license barriers and disabilities arising from a conviction. Those with a previous set aside can also petition for a Certificate of Second Chance.
Marijuana Offense Expungement: Proposition 207 legalized recreational marijuana and introduced an expungement measure for eligible individuals with arrests or convictions related to activities no longer considered crimes.
Civil Rights Restoration: Individuals with two or more felonies in Arizona may need to petition the court for the restoration of civil rights, including the right to hold office, vote, and serve on a jury.
Do I Need an Attorney?
Probably so. Remember that you are hiring a lawyer for a proceeding that is very important to your future, and carefully examine the experience and background of any attorney you employ. We get calls each week from individuals who have attempted to expunge their cases on their own and have been denied because they made a common mistake or did not know how to properly persuade the judge or overcome an objection from the district attorney. Give us a call; you will be glad you did.
We have handled more than 4000 California expungement and Arizona expungement cases over the past 25 years.
Call us for a Free Consultation: 800 495-2819.
Record-Clear.com is owned and operated by the Law Firm of Higbee & Associates.
We are experienced California Expungement Attorneys. We are experienced Arizona Expungement Attorneys. Our Lawyers have many years experience representing expungement, DUI expungement, and probation termination clients in Alhambra, Anaheim, Berkeley, Burbank, Beverly Hills, Chino, Chico, Chula Vista, Claremont, Colton, Compton, Downey, El Monte, El Cajon, Fontana, Fresno, Glendale, Alameda County, Santa Clara County, Huntington Beach, Indio, Inland Empire, Irvine, Los Angeles, Long Beach, Metro Court, Moreno Valley, Murrieta, Newport Beach, Oakland, Oceanside, Ontario, Palm Springs, Palo Alto, Pomona, Rancho Cucamonga, Redlands, Rialto, Riverside, Santa Ana, San Francisco, Sacramento, San Bernardino County Santa Rosa, Twenty Nine Palms, Temecula, Upland, Victorville, Fontana, Pomona, Fremont, Oakland, West Covina, Pasadena, Hollywood, Van Nuys, Airport Court, Torrance, Glendale, Burbank, Santa Monica, Long Beach, Orange County, San Diego County, San Jose, San Francisco, Marin County, San Diego, Santa Barbara, Ventura County, Whittier