San Diego’s Premier Domestic Violence Defense Firm

Protect Your Future From Your Past With Expungement

Mistakes from your past should not be allowed to get in the way of your future. You have paid your debt to society and deserve a second chance to be the best version of yourself without being weighted down by the negative connotations of having a domestic violence conviction on your record. An expungement can change your status, removing the label of “convicted” from your record under California law.

At Premier Domestic Violence Law Group, based in San Diego, we offer representation for the expungement process. Our firm is led by Mark Deniz, a former criminal prosecutor who understands the issues at play from both sides of the criminal justice system.

How Expungement Works

If you are eligible for expungement, the court will allow your previously entered plea or verdict to be withdrawn and the case to be dismissed. This will allow you to move forward without your past criminal conviction holding you back. This is critical, as a domestic violence conviction on your record can severely limit your employment opportunities and harm your personal reputation.

Are You Eligible For Expungement?

If you have served your sentence, paid your fines and made it through probation, you may be eligible to have your conviction expunged. Misdemeanors and some felonies are eligible for expungement. An experienced lawyer from our firm can determine your eligibility and guide you through the process. This includes potentially pursuing a certificate of rehabilitation after you have obtained an expungement.

We look forward to helping you explore your opportunities to move forward without the burden of a domestic violence conviction on your record. Contact us today for a free consultation.

Is Expungement Worth It? What Does It Really Do for Me?

In today’s hard economic times, someone wants to erase the blemish of a conviction.  You may want to apply for a job, throw your hat in the ring for a promotion, or apply for graduate school.  The concern expressed is almost always that a prospective employer may reject or pass over someone due to their criminal history. 

Expungement has legitimate value for employment purposes and recently, due to new laws, in professional licensing.  However, expungement does not erase, delete, remove, or restore one’s record to appear like nothing happened.  Expungement will change the plea back to “not guilty” and show the case was ultimately dismissed.  It is an important to note this to know what expungement can do.  Contact Premier Law Group at 619-752-3702 for a free consultation.

Help With Background Checks

Due to advancements in technology, background checks are common, relatively inexpensive, quick, and may be required for an employer’s commercial and/or liability insurance.  Professional organizations, AYSO soccer, NJB, the Boy Scouts of America, and other organizations also do background checks prior to participation.

Expungement is a seemingly well-known method for having a court order that a prior guilty plea is set aside and replaced with a not guilty plea and dismissal of the case.  For expungement, it must be clarified and does not “erase” or delete one’s criminal record as it does in other states. 

The biggest benefit for expungement is when someone wants to apply for a private employer organization.  Under Penal Code § 1203.4, an applicant can legally answer any private employer job application asking about a conviction with “no” (a private employer is distinguished from a public employer, such as the government).  This not only improves one’s job prospects and further promotion chances but removes the stigma associated with having a conviction.  

Limits of Expungement

First, Expungement is not available until one completes probation, although someone still on probation can ask a judge to terminate probation and then seek expungement (see our “Termination of Probation” section).  Expungement is also not available for all convictions.  If one was sentenced and served any part of a prison sentence (i.e. the sentence was not suspended) or one was convicted of certain sex offenses, expungement is not available, but a Certificate of Rehabilitation may be an alternative.  Someone also may not obtain an expungement if currently charged with an offense or serving a sentence for another criminal offense.

Second, if one is applying for a government job, expungement will not erase a conviction from view.  The government database will still show how the case progressed and that expungement of the record occurred only at the end.  Many government sub-contractors have access to the same database as well.  If a person is applying for a state license (i.e. real estate, law, medical, contractor, etc.), one must disclose the conviction if asked.  Finally, Expungement will not prevent the conviction from being used to enhance a sentence in a later conviction. 

Third, expungement also does not have collateral benefits of renewing one’s rights to use or own a firearm if the original plea conditions prohibited this.  An expungement also does not relieve one of the requirement to register as a sex offender under Penal Code § 290, if the case included a sex offense.  Likewise, expungement does not eliminate the immigration consequences of a conviction except in very limited circumstances such as a first time drug possession conviction.  Premier Law Group can discuss what an expungement can do for you.

Premier Law Group is proud to handle and excel in expungement matters. While it cannot erase memories of a conviction, it often brings closure to a chapter in your life you do not want to relive.  It also gives the client a new start when applying for a non-government job (private employer), and the client feels he or she is on equal footing with anyone who has never suffered a conviction.   Premier Law Group is proud to handle and excel in expungement matters.  Contact us for a free consultation at 619-752-3702.