
Expungement Attorney in Dublin
Ready to Move Forward? Let Us Help Erase Your Criminal Record
At The Law Office Of Christopher A. Lamiero, we understand that past mistakes shouldn't dictate your future. Our experienced team in Dublin, CA, led by Attorney Christopher A. Lamiero, provides comprehensive expungement services to clear your criminal record, helping you move forward with confidence.
With our in-depth knowledge of the legal system, including experience as former state prosecutors, we offer strategic insights that can make a significant difference in your case.
Expungement offers more than just relief; it offers hope for a better future. By clearing a criminal record, clients can unlock new opportunities for employment, housing, and education. Our dedication to each case promises a committed approach, using our legal expertise to navigate the processes smoothly and effectively, giving clients the best chance of success.
Speak with a knowledgeable expungement attorney in Dublin today. We offer free, 24/7 consultations and bilingual service in English and Spanish. Call (925) 259-3337 or reach out online now.
Understanding the California Expungement Process
In California, the legal process to "expunge" a conviction is officially known as a "petition for dismissal" under Penal Code § 1203.4. This is a powerful legal remedy that, when successful, allows you to withdraw your plea of guilty or no contest, or sets aside a verdict of guilty, and has the court enter a new plea of not guilty. The case is then dismissed, and you are relieved of most of the penalties and disabilities resulting from the conviction.
What a California Expungement Does:
- Allows You to Legally Deny the Conviction: For most purposes, you can truthfully state on job applications that you have not been convicted of a crime.
- Aids in Finding Employment: Improves your chances of securing a job, as background checks will show the case as "dismissed." California law prevents most employers from considering expunged misdemeanor convictions.
- Helps with Professional Licenses: Shows rehabilitation to licensing boards, who may view your application more favorably.
- Restores Certain Rights: Can help restore some civil rights, such as the right to serve on a jury.
What a California Expungement Does NOT Do:
- Restore Firearm Rights: Does not restore the right to own or possess a firearm for convictions that resulted in a firearm prohibition; a separate process is required.
- Affect DMV Actions: Does not change your driving record or affect DMV actions, such as license suspensions, or the use of a DUI conviction for enhancement purposes in future cases.
- Relieve Sex Offender Registration: Does not remove the obligation to register as a sex offender under Penal Code § 290.
- Erase All Records: Does not physically destroy or seal the record from all databases; law enforcement and certain government agencies can still access it.
Eligibility for Expungement in California
Eligibility for expungement under Penal Code § 1203.4 is a critical threshold, and a single disqualifying factor can result in a permanent denial. This is where a skilled Dublin expungements lawyer can provide invaluable assistance by thoroughly vetting your criminal history.
To be eligible for expungement under Penal Code § 1203.4, a person must generally satisfy all of the following requirements:
- Probation Was Granted: The conviction must have been for an offense where the court granted you probation (for either a felony or a misdemeanor). If you were convicted of a misdemeanor and not granted probation (a "terminal disposition"), you may be eligible for a similar but slightly different process under Penal Code § 1203.4a.
- Successfully Completed Probation: You must have successfully completed the entire period of probation, with all conditions met, including paying all fines and restitution, and completing all court-ordered classes or community service. You may also be eligible to petition for expungement if you have been granted an early termination of probation.
- No New Charges: At the time of the expungement petition, you must not be serving a sentence for any other offense, be on probation for any other offense, or be charged with the commission of any other criminal offense.
- No Time in State Prison: You must not have served a sentence in state prison. If a felony conviction resulted in a state prison sentence, it is generally not eligible for expungement under PC 1203.4. However, if your felony was re-sentenced to county jail under "realignment" laws (AB 109), it may now be eligible.
- Not a Disqualifying Offense: The conviction is not for one of the specific, serious crimes that are ineligible for expungement.
- Examples of non-expungeable crimes: Most sex crimes against minors that require sex offender registration under Penal Code § 290 are not eligible for expungement. Other ineligible crimes include certain serious vehicular offenses (e.g., hit and run with injury or death) and specific serious felonies.
A skilled Alameda County expungements lawyer will carefully review your record to ensure the conviction you seek to expunge is not on this list.
The Expungement Process: Step by Step
The expungement process in Dublin, CA, can be complex. Here’s what you can expect:
- Eligibility Assessment: We determine your eligibility based on California statutes and local laws.
- Filing Petitions: Our team will prepare and file the necessary petitions with the appropriate Dublin courts.
- Hearing Preparation: We meticulously prepare you and your case for any required court appearances.
- Judgment Implementation: We ensure the court’s decision is accurately reflected in your records, liaising with agencies as needed.
The expungement process in Dublin starts with understanding your unique situation. The initial eligibility check is vital, ensuring you meet all statutory requirements outlined by California law. After establishing eligibility, our focus shifts to preparation.
Creating a strong petition involves extensive document collection and evidence presentation. We create clear, compelling narratives that highlight rehabilitation and positive community contributions. This preparation equips you with confidence and clarity when appearing before the Dublin judicial system, maximising the chance for a positive ruling on your expungement case.
Why Choose Our Expungement Services
When looking for an expungement lawyer in Dublin, choosing the right legal partner is crucial. Our firm distinguishes itself with a combination of prosecutorial experience and a community-focused approach. We stay informed on the latest changes in both California expungement laws and Dublin's local ordinances, ensuring your case is handled with precision and care.
- Unique Insights: Our deep understanding of the prosecution's approach gives us a strategic advantage in clearing your record.
- Personalized Approach: We tailor our strategies to your unique circumstances, ensuring your rights and future are protected.
- Comprehensive Support: We provide bilingual services (Se habla español) to cater to our diverse community.
Understanding each client's unique background is fundamental to our approach. This understanding allows us to craft criminal defense strategies that reflect personal ambitions and circumstances. With bilingual services, we eliminate language barriers, ensuring all clients have access to the high-quality legal representation they deserve, without misunderstandings or complications impeding progress.
Ready to Clear Your Record? Contact Us Today!
Taking the first step toward a fresh start begins with understanding your rights and options. At The Law Office Of Christopher A. Lamiero, we're here to simplify the expungement process for you, providing clarity, strategic insight, and unwavering support. Let us help you reclaim your future with confidence.
Contact us at (925) 259-3337 to schedule a free consultation and learn how we can assist you in clearing your record.
Criminal Defense FAQ
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What is a Defense Attorney?
A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges.
Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed.
By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.
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Should I Accept a Plea Agreement?
Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.
Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.
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Will I Lose My Professional License if I Am Convicted of a Felony?
While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.
Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.
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Why Do I Need an Attorney?
After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.
Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.
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What Should I Do Next?
Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.
Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.
