How Criminal Defense Lawyers in San Francisco Can Help with Expungements

How Criminal Defense Lawyers in San Francisco Can Help with Expungements

Getting arrested or convicted of a crime can follow you for the rest of your life, making it harder to get a job, find housing, or get approved for loans[1]. However, in some cases it may be possible to have your criminal record expunged in San Francisco with the help of a knowledgeable criminal defense lawyer.

What is an Expungement?

An expungement is a legal process to erase or destroy a criminal record[2]. If an expungement is granted by the court, you can legally deny that you were arrested or convicted for that crime in most situations. There are some exceptions, like when applying for public office, a state license, or to be a police officer[2].

Many felony and misdemeanor crimes can potentially be expunged in California, unless they involved certain sexual offenses or vehicular code violations[2].

Here are some key things to know about expungements in San Francisco:

• For misdemeanors, your record can often be expunged 1-3 years after a guilty or no contest plea[2].
• Felonies may be reduced to misdemeanors, making expungement possible[2].
• Arrest records can be sealed under the California CARE Act if charges were dismissed, not filed, or you completed a diversion program[2].
• Factual innocence petitions can get arrest records sealed and destroyed if it was an improper arrest[2].
• Probation early termination can help those still on probation pursue expungement[2].

Am I Eligible for an Expungement in San Francisco?

There are eligibility requirements for expungements in California[3]:

• You are ineligible if convicted of a felony sent to state prison, sex crimes against minors, or if you violated probation or have new charges[3].
• Eligible offenses include DUIs, domestic violence, assault, theft, and many others[3].
• A waiting period is required after conviction or if probation was denied[3].
• Meeting with a lawyer determines eligibility based on your specific circumstances[3].

In many cases, expungement provides a path to move forward after serving your sentence. A skilled criminal defense lawyer can navigate the expungement process for you in San Francisco[4].

How Criminal Defense Lawyers Help with Expungements

Here are some of the key ways a criminal defense lawyer can assist with expungements in San Francisco:

• Determine eligibility – Analyze your circumstances to see if you qualify for expungement or other record clearing solutions[4].
• Prepare legal documents – File petitions, motions, and other required legal paperwork with the courts[4].
• Represent you in court – Attend hearings and speak on your behalf to convince the judge to grant an expungement[4].
• Advise on options – Suggest alternative paths if expungement is not possible, like early probation termination[4].
• Save you time/stress – Handle the whole process so you don’t have to navigate complex legal procedures yourself[4].
• Increase success odds – Use their experience and skills to maximize your chances of getting an approved expungement[4].

Having an experienced lawyer in your corner can make all the difference in pursuing expungement in San Francisco. They know the judges and prosecutors and how to craft persuasive arguments to win your case[5].

The Expungement Process in San Francisco

Here is an overview of what’s generally involved when seeking expungement in San Francisco with a criminal defense lawyer’s help:

1. Initial Consultation

Meet with a lawyer to discuss your criminal record and determine if you’re eligible for expungement[5]. Bring all relevant documents.

2. Preparing Your Petition

Your lawyer will prepare the expungement petition and gather supporting documents to show you meet the requirements[5].

3. Filing with the Court

The petition is filed with the San Francisco County Superior Court criminal division along with a filing fee[5].

4. Serving the District Attorney

A copy must be served to the DA’s office so they can review and potentially object[5].

5. Court Hearing

If no objection, the judge reviews the petition and makes a decision. Your lawyer will attend and present arguments[5].

6. Getting the Court Order

If approved, the court signs an expungement order. Your lawyer will obtain certified copies for you[5].

7. Completing Process

Agencies like DOJ and DMV are notified to update their records to show expungement[5].

The whole expungement process typically takes 8-12 weeks in San Francisco courts, but can vary[6]. An experienced criminal defense lawyer handles all the steps for you.

Benefits of Expunged Records in California

Getting an expungement in California can provide many benefits[4], including:

• Improved job and housing prospects without a conviction on your record.
• Apply for professional licenses that may have been denied previously.
• Eliminate obstacles to getting student loans or other financing.
• Reduce the stigma of a criminal record and move forward in life.
• Legally answer “no” if asked about the conviction in most situations.
• Increased privacy since background checks won’t show expunged cases.

While limitations apply in some circumstances, an expungement removes a major barrier for many people hoping to get their life back on track after a conviction.

Finding the Right Criminal Defense Lawyer

Choosing the right attorney to handle your expungement is key. Look for a San Francisco criminal defense lawyer with[2]:

• Extensive experience specifically with expungements.
• Strong record of success getting expungements granted.
• Excellent reputation with judges and prosecutors.
• Reasonable legal fees with payment plans available.
• Responsive communication and quality customer service.
• Member of professional organizations like California Attorneys for Criminal Justice.
• Commitment to personalized attention and compassion for clients.

A free consultation with a lawyer will allow you to ask questions and determine if they are the right fit for you. Be sure to understand their expungement services and what their fees include[2].

FAQs: Expungements in San Francisco

Here are answers to some frequently asked questions about expungements in San Francisco:

How much does an expungement cost in San Francisco?

Expect total fees of $2,000 – $3,500 in most cases. Costs include attorney fees, filing fees, and other expenses[2].

How long does it take to get an expungement in San Francisco?

The typical timeframe is 8-12 weeks from start to finish if approved, but can vary[6].

Can I get a felony expunged in California?

Felonies are eligible for reduction to misdemeanors in many cases, allowing expungement. Exceptions include prison sentences[3].

Can you get a DUI expunged in San Francisco?

First-time misdemeanor DUIs can potentially be expunged after 1 year if probation completed[3].

What happens if my expungement is denied?

Your lawyer will discuss why it was denied and options like filing again in the future. An appeal is also sometimes possible[4].

Do I have to disclose expunged convictions on job applications?

No, you can legally answer “no” about an expunged conviction in most job application scenarios[4].