Expunging criminal convictions is possible for both felony and misdemeanor charges. But, the kind of help available varies, depending upon the criminal offenses and the sentence issued. The expungement of felony conviction requirements are slightly stricter than the requirements for expunging a misdemeanor conviction.
Expungement Quallification
To qualify for an expungement, a person must meet certain requirements. Probation must have been granted and then successfully finished, and the probationer must not be currently facing further charges.
Expungement for Felony Cases
In a felony case with probation granted, Penal Code Section 1203.4 is in affect, as before stated in the misdemeanor case. The expungement of felony conviction can only be requested once those requirements are met.
Jail time can still be involved with a grant of probation and, as with most felony cases, often does. It is each individual judge's decision to allow a informal (often referred to as "summary") or formal probation, and rule various conditions and terms, including jail time that may be as long as one year.
Once an individual has reached the natural expiration of their probationary term, or the probation term has been shortened by a court order, and the other requirements have also been fulfilled, they have the right to request relief under 1203.4.
Dealing with Felony Convictions Involving State Prison Sentences
Felony convictions, when no probation is granted, and with an imposed state prison term included, is a different situation all together. In cases such as these, the only relief offered is a Direct Application for Governor's Pardon or Certificate of Rehabilitation and Pardon.
Expungement Professionals May Be Able to Help
If you or someone you know is burdened by a conviction, regardless if it is a felony or misdemeanor conviction, a experienced expungement lawyer could be of great assistance. The lawyer can help you determine if an expungement of felony conviction is possible in your case. Knowledgeable expungement lawyers can straighten out issues concerning your criminal record, which could lead to jobs with a higher pay rate, improve self-confidence, and improve one's life overall.
If you would like to speak with an experienced expungement lawyer here in Riverside, contact us today by calling (951) 683-5357 to schedule a free, no obligation consultation.