What is an expungement?
An expungement allows you to withdraw your plea of guilty or no contest. A judge reviews your expungement petition and decides whether to dismiss your prior convictions. Robert Ernenwein will meet with you, take your information, evaluate your case, conduct the necessary legal research, file the required petition documents and submit them to the applicable court.
Isn’t my criminal history automatically wiped out after 10 years?
A criminal conviction can remain in your personal background for an indefinite amount of time.
What else can your lawyers do in terms of cleaning up my record?
Where it is appropriate, we can motion the court to withdraw your previous guilty plea. Our Los Angeles criminal defense lawyer can motion the court to seal and destroy your juvenile records. We can petition the court for a finding that you were factual innocence, particularly where you where arrested and investigated for a crime but never actually charged or convicted of one. Our criminal defense lawyers also file petitions to expunge arrest records. If you were convicted of a sex offense, we can motion the court to terminate your sex offenders’ registration obligation.
I’m on probation right now but I’d like to expunge my record as soon as possible. What can your attorney do to help?
California Penal Code Section 1203.3 gives the court discretion to terminate your probation early. “The court shall have authority at any time during the term of probation to revoke, modify, or change its order…” Additionally, “the court may at any time when the ends of justice will be [served].” To get your probation terminated early, we must show the court that you have “reformed” and that you have been on good conduct.
First, our Los Angeles criminal defense lawyer Robert Ernenwein will verify that you have not picked up any new cases since the time of your sentence.
Second, we will verify that you have fulfilled the conditions of your probation, including any court obligations such as the completion of any court-ordered class or program and/or payment of restitution.
Third, we will ask you to provide us with character reference letters as well as documents verifying that you are working or in school. This will allow us to document your progress and submit it with our motion to the court.
Fourth, we will file a motion to have your probation terminated early and schedule a hearing for the judge to hear our request. We can simultaneously motion the court to expunge your conviction and dismiss your case. If you were convicted of a felony, we can ask the court to reduce it to a misdemeanor so that you qualify for expungement. We simultaneously motion the court to expunge your conviction.