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San Diego Expungement Attorney. Former San Diego Prosecutor discusses expungements here in San Diego. Getting your case expunged.

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San Diego Expungement Attorney. Former San Diego Prosecutor discusses expungements here in San Diego. Getting your case expunged.

Check out our firm video on expungements by clicking on the link

Everyone makes mistakes.

But one mistake does not have to mean the end of the world. If not taken care of, the past can come back to haunt you. If you have been convicted of a criminal violation in San Diego County, there are options available to you that may allow you to improve your criminal record. This process, which is accomplished through Penal Code Section 1203.4, is often referred to as “expungement,” and has been expanded by recent updates in the law.

If an “expungement” of your misdemeanor or felony conviction pursuant to the California Penal Code Section 1203.4 is granted, you are no longer considered “convicted” under California law, subject to a few exceptions. Thus, if you are seeking a new job in San Diego and obtain an “expungement” of your criminal charges, you would be able to indicate that on a job application that you have never been convicted of a crime, subject to a few exceptions.

While there are some limitations that apply to this process, there can be significant benefits. In some cases, an expungement can provide a chance to clear the way for a more promising future.

  • Contact The Law Offices of Mark Deniz APLC at (858) 751-4384 and find out how you can take the first step toward improving your criminal record!
How Do Expungements Work In California?

Expungements are governed by California Penal Code section 1203.4, which provides a second chance for qualified individuals. The effect of the expungement — if granted — is that the original plea/conviction is withdrawn, the case is re-opened and dismissed, and the court orders the CA Department of Justice to update criminal records reflecting the change.

In order to be eligible for expungement, you must meet all of the following statutory requirements:

  1. Probation has been successfully completed for the entire period, or you were granted early termination of probation due to good behavior and rehabilitation.
  2. You are not currently serving any other sentence.
  3. You are not on probation or parole.
  4. You must not have any criminal charges pending.
  5. Any restitution has been paid in full to any victim(s) in your case.
What Are The Challenges To Bringing An Expungement Motion?

Expungement presents certain challenges since the decision to grant the motion lies in the discretion of the judge. It is usually necessary to demonstrate to the judge that not only do you meet the eligibility requirements but also that the “interests of justice would be served” if expungement were to be granted. This means that you need to demonstrate compelling reasons that outline substantial problems you are encountering due to your conviction and would justify granting your expungement. This is common in cases where expungement is not generally granted, such as San Diego DUIs or where problems were encountered during the time on probation.

It can be quite challenging to bring forward an expungement motion. A lot of preparation is required, which can be significantly complex. Additionally, supporting documentation will generally be needed to present to the judge, including, but not limited to:

  • Proof of denials of employment
  • Successful progress and rehabilitation efforts since the conviction
  • Letters of reference from employers, friends, and family detailing positive life decisions since the conviction
  • Evidence of academic or professional accomplishments
  • Other evidence that demonstrates to the judge that the conviction was an isolated event and not to be repeated
  • Contact The Law Offices of Mark Deniz APLC at (858) 751-4384 and find out how you can take the first step toward improving your criminal record!
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