Criminal Records Issues

San Jose Criminal Records Sealing & Expungement Attorney

Contact a San Jose criminal defense attorney at the Moore Law Firm for dependable advice about criminal records expungement, clearing or sealing your California criminal record, or reopening old criminal cases for the sake of withdrawing a plea of guilty and judgment of conviction.

As electronic data storage and transmission becomes faster and less expensive every year, people are discovering that even old mistakes can catch up with them and interfere with their ability to get into school, obtain employment, or enter a profession. At the Moore Law Firm, our criminal defense lawyers can advise you about your rights to keep old criminal records out of the public view. In many cases, we can help you recover the right to answer "no" to the question, "Have you ever been convicted of a felony?"

Although many people use the term "expungement" to describe the process of clearing your criminal record, there is really no such thing in California, at least to the extent that expungement implies a complete removal of any record of your conviction for all purposes. What many persons with criminal convictions can achieve, however, is sealing of their criminal records under a court order, which for most purposes will provide the same benefits. If you were convicted of a misdemeanor, you can apply under the California Penal Code for an order of dismissal of conviction. If you were convicted of a nonviolent felony offense for which you did not actually serve at least one year in prison, you can petition to reduce the felony charge. Additionally, persons convicted of sex offenses can apply to be excused from the requirements of the sex offender registration laws.

In order to apply for a dismissal of conviction, the person must have completed his or her sentence and any term of probation. For juvenile offenses, an application to seal criminal records may be filed at any time after the person's 18th birthday, and the records are automatically sealed when the person turns 38.

The ability to clear an individual's criminal record has its limits, however. A person who successfully obtained a dismissal of conviction on a DUI charge will still be a repeat offender if convicted of DUI again, as is the case with any other offense where prior offenses may be considered in sentencing. Certain professional licensing and security clearance background checks will also access sealed or dismissed conviction records.

In some cases, we can help you with the process of reopening a criminal case, withdrawing a plea of guilty on a showing of good cause, and either pleading guilty to a less serious offense or fighting the original charge on the merits. This procedure will sometimes be necessary to give you the best opportunity to proceed with your career.

For a free consultation about your right to clear your criminal record through the dismissal of convictions in California, contact a knowledgeable criminal defense attorney at the Moore Law Firm in San Jose or Fresno.