EXPUNGEMENT

For many people arrested or convicted of crimes, punishment continues long after their debt to society is paid.  Convictions hold people back in many ways; they can affect your ability to get a job, qualify for or keep a professional license, rent property, qualify for loans, own firearms, vote, and maintain your immigration status, among other things.

As a former prosecutor, Christy Horowitz is dedicated to helping you be proactive and get your life back after a conviction. She understands the difficulties a criminal record poses and believes in compassionate advocacy while fighting for the best possible outcome.

HOW EXPUNGEMENT CAN HELP

Thankfully, in many cases a legal process exists for wiping the slate clean, which is called expungement.  An experienced Santa Barbara criminal defense attorney can help guide you through the process of expungement.  An expungement dismisses your old criminal conviction, changes the legal record to show your case was dismissed, and permits you to say no if asked whether you were convicted of a crime.  This means most people – outside of those hiring for certain government jobs – will not see your conviction if they examine your criminal history.

A California expungement goes a long way to getting your life back after a conviction.  Unfortunately, some things cannot be undone even if the process is successful.  For example, even if your conviction is expunged it will not:

• Keep government licenses such as real estate or teaching licenses from being revoked
• Grant a restoration of gun rights
• Keep the expunged conviction from being considered a prior offense if you re–offend

LIMITS ON EXPUNGEMENT

Given the benefits, it’s understandable anyone convicted of a criminal offense would want their record expunged.  However, an expungement cannot solve all problems created by a conviction and is not available for everyone.

To file for an expungement in California, you must meet several requirements. These include:

• Paying all court ordered fines
• Completing probation
• Waiting at least one year from the date of your conviction
• Not being sentenced to time in state prison
• Not being convicted of serious sexual offenses involving children or violent crimes like murder

RECORD SEALING

Even if your arrest never resulted in conviction, having to disclose the fact it happened may still negatively affect you.  In this case, sealing and destroying your arrest record can permit you to say you were never arrested.  In California, this option is available to you if:

• Charges were never filed after you were arrested
• A diversion program was successfully completed
• The court dismissed your case
• A jury acquitted you
• You had a conviction overturned on appeal