San Bernardino Criminal Record Expungement Attorney

Helping Californians get a fresh start with a criminal record expungement.

Are you in need of an expungement attorney in San Bernardino? The Law Offices of David S. Chesley are experienced in handling criminal record expungements. Under California Penal Code 1203.4, an expungement is a “dismissal” that releases an individual from the negative penalties of their conviction.

Expungements are open to most people in California who have been charged with a misdemeanor or felony. However, strict rules apply. For the highest chances of being released from your consequences, it’s important to work with the best San Bernardino criminal defense lawyers.

What is an Expungement and Who Qualifies?

An expungement is a type of post-conviction relief that is authorized under PC 1203.4. It releases an individual from all of the penalties that they were ordered to serve for their conviction. The purpose of an expungement is to maintain a clean record that allows you to work, obtain a professional license or join a professional organization. In a sense, an expungement is a “fresh start” that gives people with an otherwise clean record a chance to start over.

Not everyone is eligible for an expungement, but some individuals are. By working with the right team of criminal defense attorneys in San Bernardino, you find out if you are eligible for an expungement.

If you meet the following requirements, you may qualify for an expungement:

• You have successfully completed probation for your felony or misdemeanor
• You are not currently charged with a criminal offense
• You are not currently on probation for a criminal offense
• You are not currently serving a sentence for a criminal offense

What Does it Mean to ‘Complete Probation?’

Most clients we work with understand that they cannot currently be charged, on probation or serving a sentence for a criminal offense to be granted an expungement. However, there is some confusion surrounding the ‘successful completion of probation.’ What does it mean to successfully complete probation for a felony or misdemeanor?

To complete probation, you must have completed all of your probation that includes fines, restitution, counseling programs and community service. Second, all court appearances must be completed. Lastly, you must have maintained a clean record during this period with no new crimes committed.

Who Does Not Qualify for an Expungement?

Not all individuals qualify for an expungement. For example, if a person was sentenced to a state prison, the conviction cannot be expunged. Other criminal offenses in California that do not qualify for expungement are:

• Penal Code 286(c) – California’s sodomy with a child law
• Penal Code 288 – California lewd acts with a child law
• Penal Code 288(c) – California’s law against oral copulation with a child
• Penal Code 261.5(d) California’s statutory rape law

Generally speaking, if you violated the terms of your probation, you are not eligible for an expungement either. However, the court will hold a hearing to listen to your side of the story and determine if you are a good candidate for an expungement. Our San Bernardino expungement attorneys will not give up and neither should you!

How Does the Expungement Process Work?

There are several steps that must be followed in order to receive an expungement. The process starts with you petitioning the court under Penal Code 1203.4. This application can be made in person, by an attorney or by a probation officer authorized in writing. Working with the Law Offices of David S. Chesley ensures that the process goes smoothly.

Here are the steps one of our San Bernardino expungement lawyers will take:

• Analyze the case to determine if you are eligible for an expungement
• Perform legal research on the current laws
• File the appropriate paperwork
• Attend the expungement hearing in court

It’s critical that the paperwork is filed on time so that the prosecutor can review all of the information and make objections, if there are any.

What are the Benefits of an Expungement?

Our San Bernardino criminal defense attorneys work on many expungement cases each year. There are numerous benefits to being granted this type of relief, and we do encourage our clients to seek this relief because it offers a fresh start. Here are the advantages to having your criminal conviction expunged:

• You cannot be discriminated against in the workplace
• You cannot have your credibility impeached
• You can easily obtain a state professional license
• You can avoid immigration consequences

How Long Does it Take to Get an Expungement?

Generally, our criminal record expungement attorneys are able to have a PC 1203.4 petition filed and heard in the courts in two months or less. When your record is expunged in San Bernardino, the judge sets aside your original guilty plea. You then enter a new plea of not guilty, and the judge dismisses the case.

Criminal records are public records, so anyone can access this information even after the expungement. The only exception is if the record is sealed. However, you cannot be discriminated against because of the original charges. Usually, the people who seek to access public records are landlords, employers and licensing agencies.

Are You Ready to Put the Past Behind You?

The Law Offices of David S. Chesley can help you file a criminal record expungement in San Bernardino. We will file the paperwork and appear in court on your behalf to ensure that everything goes smoothly.

In most cases, you won’t have to show up in court. Your only responsibility is to pay the filing fee. In San Bernardino, the filing fee is $270, and there is financial assistance if you cannot afford this fee. Once the expungement process is complete, you can move on with your fresh start and check the “no” box when being asked if you have a criminal record.

If you have served your probation and have maintained a clean record, you may be eligible for an expungement. Contact the criminal defense lawyers from the Law Offices of David S. Chesley to help you through this process. We usually have everything completed in just a few months, and you can put one bad decision behind you.