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EXPUNGEMENT / RECORD CLEARING

If you have paid your debt to society you may be eligible for an expungement, which is the legal term for having your conviction removed from your record. You will no longer be required to disclose the conviction when asked if you have a criminal record during a job interview and you can lawfully answer “no” when asked if you’ve ever been convicted of a crime. Under Penal Code 1203.4 an expungement removes “all penalties and disabilities” arising out of a criminal conviction; in other words, it wipes your slate completely. Therefore if you have been convicted of a crime it is in your best interest to hire an attorney to have it expunged as soon as possible.

You Are Eligible For Expungement

If you have been convicted of a misdemeanor or felony in California you are eligible for expungement so long as:

1. You have successfully completed probation for the offense, and
2. You either:
– Did not serve time in state prison for the offense, or
– Served time in state prison only because you committed the crime prior to the implementation of “Realignment” under Proposition 47 (Prop 47 reduced sentencing for certain theft and drug crimes)

If you have completed probation and a jail sentence and/or paid your fine you can have your conviction expunged from the record.

Successfully completing probation means you completed all the terms of your probation (such as paying all fines, completing any required counseling programs or community service, etc…) attended all required court appearances (either in person or through your attorney), and did not commit any new crimes while on probation.

Even if you received a probation violation you may still be eligible for expungement. The court will hold a special hearing to determine whether someone who violated their probation may still be eligible for an expungement.

The court will consider the totality of the circumstances to determine whether an individual who violated their probation can receive an expungement.

The court will weigh factors such as the individual’s overall performance while on probation, the seriousness of the underlying conviction, past criminal history, and any additional evidence for why the individual deserves an expungement such as employment opportunities.

Benefits of Expungement

There are numerous benefits to expunging your criminal record. For many people, the most significant benefit of an expungement is the effect it will have on your career. For example, employers may not discriminate against you based on expunged convictions and you can lawfully answer “no” when an employer asks if you’ve ever been convicted of a crime.

Expunging your record also helps those seeking a state professional license (such as a contractor’s license or a real estate license). Licensing agencies are generally more likely to grant a state license to a person whose convictions have been expunged.

An expungement also enhances your credibility as a witness in court. If you are called to testify at trial, opposing counsel may not use your expunged conviction to impeach your credibility. This is especially important when you need to testify on your own behalf in a proceeding. For example, if someone sues you for a car accident and you need to testify that the other driver was at fault having an expunged record will be enormously helpful in defending yourself.

There is also great personal relief that comes with having a conviction expunged. An expungement is a tangible way to put the past behind you and get on with your life. Many people express deep satisfaction upon expunging their records because it provides a sense of closure to a difficult chapter in their lives.

If you have been convicted of a crime and have completed your sentence it is in your best interest to begin the expungement process immediately.

Expungement Process

First, it is necessary to determine whether you are eligible for an expungement. Provided you are eligible, the next step is to conduct legal research on the current law to prepare for your expungement hearing. 

Once the legal research has been completed, the necessary paperwork must be filed within the proper time frames.

Timely filing of paperwork is essential for success because the prosecutor needs time to review your case prior to the hearing.

Failing to file paperwork on time will severely hinder your ability to get an expungement.

The final step is to attend an expungement hearing in the designated court where the judge will issue a final decision regarding your expungement application.

You May Not Be Eligible For Expungement

You may not have a conviction expunged if:

1. You are currently charged with another crime
2. You are currently on probation for a criminal offense
3. You are serving a sentence for a criminal offense

Also, serious sex crimes against children can never be expunged from your record.

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Shaffer Cormell

For more than 30 years, the Law Offices of Shaffer Cormell have worked in the California Justice system to provide The Best Criminal, DUI & Traffic Ticket Defense available for our clients. Defending our client’s rights and providing effective legal representation is paramount to us, whether it is a simple traffic ticket infraction, misdemeanor, or felony prosecution. Our criminal defense attorneys diligently work to provide the most effective DUI/DWI, driver’s license suspension, drug, assault, battery, theft, domestic violence, public intoxication, hit and run, burglary, and robbery representation in court. Our team specializes in providing the best criminal defense available for our clients.

Client's Reviews

Cirilo Sanchez
Cirilo Sanchez
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Very happy about the ending results in my case , The Law Offices of Shaffer Cornell are the BEST very highly RECOMMEND IT for sure
Timothy Alan Cline
Timothy Alan Cline
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Shaffer Cormell is my hero. He and his team got my speeding/no insurance/expired registration ticket dismissed. I was facing over 2600 dollars and major points to my DMV record. He found mistakes the police officer made that I would have never discovered. Thank you Shaffer.
Christine Willinsky
Christine Willinsky
Google
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Christopher Hickey and Miles Booth worked on my case and were professional and handled everything for me. Mr. Hickey showed up at all my court dates and I only had to show up the day the charges were dismissed.
Eric Robinson
Eric Robinson
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I hired Shaffer for my husbands case on 2/10/14. Today I received a call that all charges were dropped case is now closed!!! We are so pleased with his services. We are more than grateful to have found and worked with someone so kind whom we have never met. I truly recommend him to anyone looking to resolve issues you may think are impossible. Thank you again Mr. Cormell!!
Jamie
Jamie
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Case dismissed! This service is fantastic! I wholeheartedly recommend them to anyone. Mr. Cormell and his brilliant staff will take care of you!
Albert Hale
Albert Hale
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His staff was always friendly and helpful. They never rushed me off the phone when I had a question. The team was extremely knowledgeable and professional. Shaffer and his team made what could have been a dreadful experience bearable. I was charged with a DUI. Against all odds, Shaffer was able to get the charge reduced.
Ian M.
Ian M.Yelp
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Shaffer is a man of his word. He is a man of integrity. I recommend him 100%. He personally handled my case from start to finish.
Kelly
KellyAVVO
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Professionalism - Thank you councilman Shaffer Cormell & Christopher Hickey for your representation, I highly recommend your services to anyone.

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