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Expungement/sealing arrest records

Clearing Your Record

Expungement

Under Section 1203.4(a) of the California Penal Code, it is possible to expunge or set aside your guilty plea or conviction. This provides many people with the opportunity to begin again. It makes it possible to apply for jobs that were closed to people with a criminal conviction, answer credit application questions honestly, and run for public office. The process of expungement removes your conviction or guilty plea from the public record.

Not every conviction can be expunged. You must meet certain conditions before an eligible conviction can be expunged. At the Law Offices of Fred Thiagarajah, our criminal defense lawyer advises people about their eligibility for expungement. Contact him at our Newport Beach, California, law firm. Call 1-866-511-2757.

In addition to providing expungement options for selected crimes, the law has other requirements. If you were placed on probation, you must have:

  • Completed probation
  • Adhered to all court orders
  • Avoided any additional charges

If you were not on probation, in order to have your record expunged you must have:

  • Obeyed all laws
  • Had no pending criminal charges
  • Waited one year since the judgment

Record Sealing

If no charges were filed after your arrest or the charges were dismissed, you will still have a criminal record that indicates you were arrested for a crime. You will be found through a background check, even if the charges were dismissed or rejected or never filed by the prosecutor. The record can be eliminated by filing a petition to seal and destroy arrest records under Section 851.8 of the California Penal Code.

The petition is filed with the agency that conducted the arrest. If the agency denies the petition, we will take your case to the superior court in the county where the arrest took place. When this process is successful, it is as if you were never arrested. The records are immediately sealed and then destroyed after three years.

At our Newport Beach, California, law firm, attorney Fred Thiagarajah helps people undertake expungement and sealing of arrest records. As a former prosecutor, he knows the process thoroughly and makes sure that petitions and paperwork are correctly prepared. Contact him to learn how you can clean your record through expungement or record sealing. Call 1-866-511-2757.

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