If you’re considering an expungement of your criminal record in California, it’s best to work with a defense attorney who has experience in this niche. Before moving forward however, or suggesting this to someone you know, there are some crimes that will simply be turned down from receiving an expungement. These include:
Sexual Crimes – including statutory rape or sex assault. Any sex crime against a minor or adult will disqualify the applicant of an expungement. California expungement laws under CPC 1203.4 outline that registered sex offenders will not be granted an expungement approval.
Murder – this is considered to be a high-penalty crime of moral turpitude. But beyond that, it’s the illegal taking of another life. Murder in the first degree, second degree, manslaughter and other homicides also fall into the category of violent crimes which essentially ban those applying for an expungement.
Crimes Against Minors – if someone was found guilty of a crime against a child, such as sexual crimes, lewd acts with a minor and others, these offenders will be automatically denied.
The basics of expungement is that an offender should not be a convicted felon. If he or she were charged with a misdemeanor offense, then the terms of their probation would also need to be met in order to qualify.
Despite these outlines however, there may be some way to move on with your life, even if you never completed probation. A criminal defense attorney can help with your California expungement. Ask us how.