Charges for Which You Cannot Receive an Expungement

by Randy Collins on March 21, 2013

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(US law) Most individuals get the chance to start over a new leaf – regardless of their past mistakes. Some crimes will haunt an offender for the rest of their lives, simply because their criminal records cannot be expunged.
A California expungement grants many criminals a chance to wipe the slate clean, and in so doing each time a check is ran on their record, these previous crimes do not show up in the public database.

This reason is sufficient to pursue an expungement, despite the taxing process of filling out accurate paperwork. A lawyer can help with this to make the process go smoothly. In addition, an experienced lawyer should be able to tell from the get-go your chances of being granted an expungement – simply because some charges will result in an automatic denial. These charge include:

Sex Offenses – including those against children. Reference California Penal Codes 286, 288, and 261.5 – which is otherwise known as statutory rape.

In addition to these offenses, anyone who has a felony conviction, and has served time in prison will be disqualified from expunging their criminal record.

There are other hiccups an offender can face when applying for a California Expungement. As an example, if a criminal offender did not meet all the terms of their probation, then this can cause the application to be denied. Most of the rulings are discretionary however, and a lawyer can argue an expungement case in your favor. As an example, your defense attorney may highlight good overall behavior during the terms of your past probation. Other key angles to make note of include whether you have managed to obtain and keep gainful employment, stayed on the right track of the law, and have established good relationships or rapport in the community you reside.

All these factors count for weighing your chances of getting an expungement approval. If you or someone you know has been accused of a crime, contact a criminal defense attorney immediately at (949) 250-6097. MacGregor and Collins attorneys provide all first time callers with free professional case evaluations and will help to get the best outcome for your case.

Randy Collins
Randy Collins is an Orange County, California criminal defense attorney that assists those who have been charged with misdemeanor and felony offenses. When I am not assisting people with their legal matters I enjoy sports, legal research, and spending time with my family.
Randy Collins
Randy Collins

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