Are you facing an uncertain future due to your past?
Are you finding it difficult to find employment because of a past criminal conviction?
How would you like to stop worrying about your criminal record?
California affords its residents the unique opportunity to request that the Court dismiss your criminal conviction after you have successfully completed the terms of your probation and you have not been charged with another crime. Both felonies and misdemeanors can be expunged if the law does not exclude them.
What is an expungement?
An expungement is a motion filed by an attorney that allows the individual to withdraw their plea of guilty, enter a plea of not guilty, and request that the Court dismiss the conviction. This is significant because your criminal record will not show a conviction; instead, it will show that your case has been dismissed pursuant to 1203.4 of the California Penal Code. Most employers may not deny employment if a conviction has been dismissed pursuant to 1203.4. Notice must be given to the District Attorney’s Office and the Probation Department to give these agencies a chance to object to the individual’s motion. A hearing is usually required.
Dedication to my clients is the number one priority.
What types of crimes does the law exclude?
Can my felony be reduced to a misdemeanor?
There are extenuating circumstances. If your felony conviction is considered a ‘wobbler’—meaning it could have been charged as either a felony or a misdemeanor and not just a straight felony—our office will file a §17(b) motion under the California Penal Code which effectively reduces your felony to a misdemeanor. After the 17(b) motion is filed, we will then file a §1203.4 motion which requests that your guilty plea be withdrawn and allows an individual to enter a plea of not guilty. If you have successfully completed the terms of your probation, the Court may dismiss your case.
What if I am still on probation?
Since you cannot expunge your criminal conviction before you have successfully completed the terms of your probation, our office will file a motion to terminate probation. If the Court grants this motion, we can then proceed to have your conviction expunged.
Will an expungement restore my right to possess a firearm?
No. A separate motion is required to restore certain rights such as possessing or using a firearm.
Vigil Defense, PC
1043 Civic Center Drive West, #200 Santa Ana, CA 92703 – Phone (714) 543-5840