WHAT TO EXPECT THROUGHOUT THE EXPUNGEMENT PROCESS

Armada Law Corp understands that “we all make mistakes” and some people deserve a “fresh start” from a conviction. This is why we offer the service of expungements to people convicted of misdemeanors and some felonies under California State law.

It is important to note that the California Department of Justice reviewed and sealed all past cannabis convictions once adult-use cannabis was legalized under The Adult Use of Marijuana Act (Prop 64). This process should have been done by July 1, 2020. See California Assembly Bill 1793 (2018).

Known as a form of post-conviction relief, authorized by California Penal Code 1203.4 PC, an Expungement releases you from “all penalties and disabilities” arising out of a conviction. This release allows the average person to state that they have a “clean criminal record” for the purposes of activities like employment applications.

STEPS TO EXPUNGING A CRIMINAL RECORD

STEP 1 – HIRE AN ATTORNEY

It is important to understand that the expungement process can take months from the submission of the proper forms and the process can be confusing to someone who is not familiar with the undertaking. Therefore, we at Armada Law Corp encourage you to retain an attorney to represent you and help to guide you through the proceedings.

STEP 2 – COMPLETING THE FORMS

Knowing the jurisdictions you were convicted in and the documents, or information, necessary to fully complete the forms can be frustrating and confusing. Again, we recommend that you consider hiring an attorney to assist you in the process.

STEP 3 – FILE FOR EXPUNGEMENT

Once the proper forms are completed and documents are obtained, they will need to be filed with the court in every jurisdiction where you were convicted. Every jurisdiction has its own process and fees for submitting these documents. It is important to be prepared that the review process can take months before a hearing is scheduled.

STEP 4 – EXPUNGEMENT HEARING

This step is conducted before a judge and may or may not require your attendance. However, it is upon the court’s discretion whether the expungement will be granted. That being said, several known items are considered such as whether you are able to hold down a full-time job, whether you have had additional convictions and whether you have completed all probationary requirements such as community service.

STEP 5 – DECISION

Should the judge decide to grant your request, your attorney will seal your record so that it is no longer viable to the public. However, should the judge deny your request, it is possible to refile a new petition after a six month waiting period.

If you have been convicted of a misdemeanor or felony, in the State of California, and are considering an expungement of your criminal record contact Armada Law Corp for your free consultation (510) 200-8695 .

 

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