Record Clearance

Clearing Your Record of a Criminal Conviction (Expungement)

San Jose / Fresno Expungement Attorneys

Very often, when a new employee is hired, the employer sends a request to the Department of Justice to ask if the prospective employee has a criminal record or criminal history. A prior felony or misdemeanor conviction will show up on your criminal record and could cost you that job.

It is possible to have that criminal conviction expunged from your record. We can petition to have your case may be dismissed under Penal Code Section 1203.4 if you were previously convicted of a felony or misdemeanor and sentenced to probation and

• You successfully completed probation or were discharged early, or
• You were not on probation
• When we (your attorneys) are able to terminate your probation early

If you need to knock down the barriers a criminal conviction puts in your way with a employer, talk to a San Jose or Fresno defense lawyer at the Moore Law Firm about record clearance. We can help you make a case to the judge that record clearance is going to help you move forward with your life. Contact us to find out if you qualify for criminal record expungement.

Call 1.866.687.5142.

At the Moore Law Firm, we provide comprehensive criminal defense services to people across Central and Northern California. We understand the challenges you face at every stage, from arrest and trial to life after jail or probation.

We can explain the record clearance process, whether you are automatically eligible or if you might be eligible with the help of a lawyer, who can work on creating a compelling argument for clearance, file a petition and gather evidence for the court of your current lawfulness.

Record Clearance has Limits

• While 1203.4 record clearance seals your criminal record from private employers, it does not eliminate your conviction and your record is not sealed from law enforcement or other government agencies.
• A 1203.4 motion may help you with employment issues, but it will not help with immigration. Immigration authorities will have full access to your criminal record.

17B Motion

If you need help setting aside a guilty plea because you are seeking citizenship in the U.S., you need an attorney to help you with a 17B motion to reduce a felony offense to a misdemeanor. This eliminates the record of a felony conviction.

A 17B motion is also good for employment purposes. If you were convicted of a crime that could have been charged as a felony or a misdemeanor, but the state prosecuted it as a felony, you can use 17B of the Penal Code to ask that it be reduced to a misdemeanor and then sealed.

There are a number of exceptions so it's impossible to determine whether you qualify unless you receive legal advice specifically for your situation. Contact an experienced defense lawyer at the Moore Law Firm for a free consultation and case evaluation. We are conveniently located in both San Jose, capital of Silicon Valley, and Fresno, capital of Central Valley.