RECORD SEALING & EXPUNGEMENT
If you have a conviction on your criminal record, call the Law Office of Aaron P. McAllister for a free consultation to see if you qualify for record sealing. Our skilled and experienced criminal defense attorneys can guide you through the record sealing process, file the appropriate record sealing motions, and argue on your behalf at the record sealing hearing.
WHAT IS RECORD SEALING?
Although record sealing and expungment are often used interchangeably, they are not the same. Expungment essentially means that the conviction is erased, as if it never happened. However, record sealing means that the conviction is hidden, i.e., “sealed” from the public, but such conviction still exists on record. Accordingly, if your record is sealed, then the public, including private employers, will not be able to see the conviction on your criminal record, but certain governmental agencies will still have access to those records.
California allows record sealing. Indeed, California allows persons with criminal records to reopen their criminal proceedings and reverse the conviction to a dismissal. If the Court grants your motion to have your record sealed, you may truthfully state that you have not been convicted of a crime.
BENEFITS OF RECORD SEALING
If you have been convicted of a crime, your criminal record may interfere with your employment and career goals. Indeed, prospective employers, licensing agencies, and professional organizations may use the conviction on your criminal record against you in hiring decisions. Fortunately, if you are able to seal your record in California, an employer will not be able to discriminate against you based on the sealed conviction, and you can truthfully state that you have not been found guilty of a crime.
If you have a conviction on your criminal record in California, you may be eligible for record sealing if:
(1) you were convicted in state court;
(2) you did not go to state prison;
(3) you have completed probation or obtain early termination of probation;
(4) you have completed all sentencing requirements;
(5) you are not currently charged with another criminal offense; and
(6) you are not on probation or serving a sentence for another criminal offense.
Notably, some offenses are not eligible for record sealing, including sex offenses committed against children, murder, and kidnapping.
If you do not have legal representation, call the Law Office of Aaron P. McAllister to help answer your questions. We offer free consultations that can be done by phone, e-mail, or in our office. Our fees are affordable and we offer flat rates. Payment plans and credit cards are also accepted. We will help you fight to mitigate the collateral consequences of having a conviction on your criminal record.
*The information contained herein is for informational purposes only, and is not legal advice or a substitute for legal counsel. Petitioning the court for record sealing is an intricate process. Consult an attorney to be sure your rights are represented.