Bakersfield Expungement Lawyer

Bakersfield Expungement Attorney

Having a criminal record can lead to barriers in your life, including in employment, housing, and other opportunities. Understanding the process and eligibility requirements for expungement of those records is crucial for those seeking a fresh start after past legal issues. If you have been convicted of a crime in California, you have options. It may be time to contact a Bakersfield expungement lawyer to lift these restrictions.

An expungement lawyer can help you navigate the legal process of having your records expunged per California laws. At The Law Office of Victor Nasser, we take a personalized approach to each case and work diligently to ensure your rights are protected. Everyone deserves a second chance at freedom, regardless of the mistakes they’ve made.

Consequences of a Criminal Record

If you commit a crime or are accused of committing a crime in California, you may be charged and convicted. Your specific penalties depend on the severity of the crime as well as whether you have prior convictions. In California, crimes are classified as either misdemeanors or felonies, and are further classified by level of severity.

While misdemeanors are less serious than felonies, both may result in a permanent criminal record. Besides serving jail time and paying fines upon being convicted of a crime, the consequences of having a criminal record can include:

• Losing certain job opportunities
• Being denied housing
• Losing professional licenses
• Being ineligible for certain educational opportunities
• Losing the right to vote for felonies
• Losing the right to own a weapon

Expungement in California

If you obtain a criminal record because of a misdemeanor or felony conviction, you may be able to have your records expunged after a certain period of time. In California, expungement is different from that in other states. While some states’ expungement process can involve a complete clearing of your criminal record, in California, pursuant to California Penal Code 1203.4, your record is not completely erased and may be visible to certain legal agencies. Expungement in California does mean:

• Your criminal conviction may be dismissed.
• Some penalties associated with your conviction may be removed.
• Your records can show as dismissed in some background checks.
• Your case may be reopened, and a guilty plea or verdict can be withdrawn.

Even though your criminal record is still in place, an expungement is beneficial because it removes barriers to obtaining employment, housing, and other opportunities that a criminal record may have prevented. Understanding what expungement entails is key for those aiming to move forward after a conviction.

Criminal Records That May Be Expunged

Not all criminal records are eligible for expungement. For example, serious, violent offenses like murder, rape, and assault with a deadly weapon and sex offender crimes involving children are exempt. DUIs are also typically ineligible for expungement under certain circumstances. However, if you meet the following criteria, you may be eligible to get your record expunged for other felonies and misdemeanors:

• You completed the terms of your probation or parole
• You were discharged before probation completion
• You are not serving a new sentence
• You have no new pending cases

California Bill AB 1076

Although California has relatively strict laws related to expungement, measures have been taken to make it easier to have records expunged. A 2023 press release from a California State Senator details that over 11 million records were expunged following the enactment of AB 1076. Examples of cases that were expunged were those that did not result in convictions, those that didn’t result in a sentence, and those that were completed successfully.

How a Lawyer Can Help

Credited to a new task force aimed at increasing law enforcement, there were 2040 arrests in Bakersfield from April to December 2024. With this uptick in arrests, you may be concerned about getting your record expunged and moving forward with your life. A skilled expungement lawyer can help you. An attorney from The Law Office of Victor Nasser can help you file your petition, attend hearings, negotiate the expungement, and challenge evidence against you.

Concerned about your record in Bakersfield? Victor Nasser has a proven track record of successful case outcomes. Let The Law Office of Victor Nasser help you with your expungement. Contact us today.

FAQs

Q: How Much Does it Cost to Have Your Record Expunged in California?

A: The cost of having your record expunged in California varies depending on several factors. These factors can include the severity of your crime, the filing fee for your particular county court, and your lawyer’s fees. Many lawyers may charge a flat fee for expungement services, while others may charge by the hour for more complex cases. Ask your attorney how they bill at your first consultation.

Q: Do I Need a Lawyer for Expungement in California?

A: While you can file a petition yourself to get your record expunged, it is recommended that you hire a lawyer instead to help you with your case. Expungement is a legal process requiring a deep understanding of California criminal law as well as the expungement process. Without this knowledge and related skills, you may risk the judge denying your petition, resulting in a permanent criminal record that appears on background checks.

Q: Does Expungement Erase My Criminal Record?

A: No, in California, expungement does not erase or clear your criminal record. Unlike in other states, in California, expungement means your records are dismissed but are still visible to law enforcement, government, and other legal agencies. Your record may no longer appear on background checks that impact job applications or housing opportunities. In Bakersfield, expungements are generally handled in the Kern County Superior Court on Truxtun Avenue.

Q: What Crimes Cannot Be Expunged in California?

A: Certain crimes cannot be expunged in California, such as violent crimes, sex crimes involving children, and certain traffic crimes. These crimes may remain on your permanent criminal record, impacting your ability to obtain certain employment, housing, educational opportunities, and professional licenses. Sentencing reduction may be the only relief in these cases, depending on your situation.

Contact a Skilled Expungement Lawyer Today

Even though expungement is not a complete erasure of your records, it is beneficial for many reasons. Instead of the charges appearing on your permanent record, an expungement will appear as a dismissal. This can help you if you hope to obtain a certain job or other opportunities. We all deserve a fresh start, and The Law Office of Victor Nasser can help you. Contact us today for a consultation and to weigh your options.