To expunge a criminal record means opening the doors to a new beginning after having committed one or more crimes since the legal and social burden that a criminal record implies is high and the difficulties for these people in the future are severe, which is why criminal defense attorneys like S&B Legal are important in these situations.
The consequences that having a criminal record can bring are multiple and depend on the severity of the crime. Among them we can mention:
- Difficulties in obtaining employment, especially in certain sectors (education, health care, and government).
- Denial of housing, since owners carry out a background check before renting a property.
- Difficulties in obtaining loans for the acquisition of property, since banks can deny them when doing the review.
- Restrictions on traveling to certain countries.
- Loss of rights, such as the right to vote or to own a firearm.
- Difficulties in interpersonal relationships due to the stigma and prejudice of the background.
- Deportation or difficulties in obtaining citizenship in the case of migrants.
- Greater severity in the criminal justice system if the person with a criminal record is arrested again, which translates into setting higher bail, denial of parole, or imposition of harsher sentences.
Expunge a criminal record: a challenge for clients with extensive criminal records
In our example case, the client had an extensive criminal record from his youth, which included prison sentences for violations or the commission of new crimes.
In these situations, clearing criminal records can seem like an impossible mission, and at the same time, it is seen as a necessity for the person to be able to properly reintegrate into society.
Our client had to drag for years the stigma and the persistent shadow that criminal records meant on the path to educational, work, and personal opportunities, limiting his opportunities for advancement.
Statistics from the California Victims and Populations Service Affected by Mental Health, Substance Problems, and Convictions indicate that 76% of people with criminal convictions face difficulties in finding housing or obtaining employment [1]. This same situation makes these people more likely to re-offend in crimes such as robbery.
The advice of a criminal defense attorney is crucial to avoid the consequences of having a criminal record following you for the rest of your life. California is among the moderate states in terms of felony forgiveness, and among the serious crimes that can be expunged are non-violent drug possession, burglary without improvements, vandalism, bad checks, and forgery.
A Legal Light at the End of the Tunnel
Our client, along with thousands of other citizens, benefited from the passage of a law in California that went into effect on January 1, 2021: AB 2147, which allows inmates who completed fire camp while in prison to have their criminal records expunged.
To be part of these “conservation camps,” prisoners must earn the right, and factors such as non-violent behavior and compliance with prison rules are evaluated.
It is important to note that only those prisoners with a minimum custody status are eligible and that those convicted of sexual crimes, arson, and any history of escape with force or violence are not eligible for this alternative.
“Inmate firefighters” have helped put out many wildfires in California. And the positive thing about this law is that it also allows the removal of barriers that exist for these individuals to seek work as firefighters in the community once they serve their sentence.
Successfully Filing Motions to Wipe Record
The process of filing a motion for expungement of criminal records is complex, so it requires qualified legal counsel to achieve the goal.
The experience of the attorneys at S&B Legal was instrumental at every stage in our client’s case. In addition to determining his eligibility to expunge his record, a strategy was developed to gather court documents and prepare, with him, a statement to justify why the request is being made to expunge his criminal record.
At this stage, it is important to highlight the motivations, the challenges the client faces in finding a job or being promoted as a result of the record, and also whether this situation is causing mental or emotional problems.
The court will also want to know what the person has done since leaving prison, his professional or academic achievements, his contributions to the community, and other data of interest before deciding whether to give him the option to expunge his criminal record. This information is supported by reference letters from family, friends, or employers.
The attorneys then wrote a petition submitted to the court and served on the prosecutor’s office. Sometimes the decision is made at a hearing with the judge, but other times the petition is approved without a hearing. The process can take anywhere from six to ten weeks, depending on the court.
After the request to expunge the record is approved, an “abstract” is sent to the Department of Justice stating that the record has been cleared under Penal Code section 1203.4.
It is important to note that in our successful case, our firm was one of the first to file motions in Chula Vista, CA to request the expungement of the criminal record of an inmate who successfully completed fire camp while in prison.
After back and forth with the Court, in the case we are using as an example, all four motions were accepted.
Challenges and Success in Court
A request to expunge a criminal record poses challenges for the legal defense, as sometimes the judge is not convinced that there is a good reason to do so, especially if the request is made to expunge it before the probation period ends.
How can I expunge my record? To be eligible, the person must have completed their probation or not have served time in state prison (or not have served time after the “Realignment” under Proposition 47, which redefined non-violent felonies as misdemeanors and increased parole opportunities).
Expunging a Criminal Record: A New Stage for the Client’s Life
After successfully completing his time at the fire camp and with our advice, our client began the process to expunge his criminal record and make the request to the court that sentenced him.
This step opened the doors to professional options, even those that required a state license, since erasing criminal records eliminates information from a person’s criminal history, and consequently, this data will no longer appear when doing a background check.
At S&B Legal we are here to work on your case
Do not think that just because you have a long criminal record the doors will remain closed to you. If you are asking yourself the question of how to clear your criminal record, it is wise to turn to a team trained in the legal complexities of this issue.
After years of our client being held back by his criminal record, we managed to get him to request the expungement and get closer to a new beginning. This process is long and complex and it is difficult to go through it without the right support.
Therefore, if you or someone you know is in a similar situation, we invite you to contact S&B Legal. Our attorneys have the experience you need to erase criminal records and start a life without prejudice and stigma. We will work on your side to achieve the best possible result.
