California Penal Code Section 1203.4
Do you want an expungement of a criminal record through California Penal Code Section 1203.4? We know that criminal charges can have a devastating impact on all areas of your life. MacGregor & Collins have 30 years of combined legal experience defending in Orange County expungement cases. The attorneys at MacGregor & Collins will help you make sense of the Orange County expungement filing process with our unparalleled legal defense.
California Penal Code 1203.4 PC states that once an individual's criminal record is expunged, the person is free from the penalties of the conviction.
In order to be awarded an Orange County CPC 1203.4 Expungement, the state has the burden to prove you :
- Finished probation successfully
- You are not presently charged with any other offense
This means that you successfully finished all of the conditions of your probation, whether these were fines, victim restitution, and so on. It also means that you were present during all court hearings and no other felonies or misdemeanors were charged against you during your probation.
Other Considerations for Expungement:
If charged with a misdemeanor or felony and you were convicted to the California State Prison, you will not be eligible for an expungement. Additionally, if you violated your probation, this may be a hindrance in obtaining an expungement. Nevertheless, a knowledgeable legal team can help with this if they present the case in front of a court with a good defense. The judge will take into consideration factors like criminal history, behavior, the seriousness of the offense, etc., in order to determine whether or not you qualify for an expungement.
A lawyer will understand the filing process, deadlines and what to present to the judge. In addition, it should be noted that not everyone is eligible for an expungement. If someone is charged with crimes like child sex offenses, for instance, they cannot receive an expungement.
As an additional notation, even with a successful expungement, which is obviously beneficial, it will not retract the suspension of a driver's license or firearm right. It will however help during job searches, as employers cannot discriminate or be obligated to question your previous arrests.
If you would like to expunge your criminal record, we can help. MacGregor & Collins are ready to provide you the Orange County Expungement Attorney services you need. We will help you understand what's the best possible steps for your case. Call MacGregor & Collins today at (949) 250-6097.
