Sacramento Expungement & Record Sealing Lawyer
The chances of success when filing for criminal records sealing or expungement are higher when represented by a top Sacramento expungement attorney. Nagra Law Firm P.C. has the experience necessary to successfully expunge or seal criminal records.
Hiring Sacramento expungement attorney is especially beneficial in cases where the request is less likely to be granted due to the difficult nature the case, or in cases where a person or family does not feel comfortable navigating the complicated court system on their own without assistance. Regardless of the situation, the best Sacramento expungement lawyer, Mr. Nagra, will give you and your family the care and support that you deserve.
Expungement under Penal Code 1203.4
While the word “expungement” is not actually used in the law, when people talk about expungement of a criminal conviction in California, they are probably talking about Penal Code Section 1203.4 (“PC 1203.4”). PC 1203.4 allows a person who has been convicted of a crime to withdraw their guilty plea, re-enter a plea of not guilty, and have the case dismissed.
The main requirement to be eligible under PC 1203.4 is that a person must have already successfully completed probation, or have already served their sentence. They must also not be serving a sentence for a new offense, on probation for an offense, or charged with the commission of an offense at the time that they bring their PC 1203.4 motion.
Additionally, the judge must determine that granting the motion in your case is proper, in their discretion and in the interest of justice. Nagra Law Firm P.C. can help you present to a judge why granting a 1203.4 motion in your case is appropriate under the totality of the circumstances.
Sealing of Adult Arrest Records under Penal Code 851.91
If you were arrested by the police but never convicted of a crime, you may be entitled to have your record of arrest sealed under Penal Code Section 851.91. Call Nagra Law Firm P.C. today at 916-913-1378 to have our Sacramento-based criminal defense attorney handle this entire process for you.
Situations where a person might have been arrested but never convicted include where charges were filed but later dismissed; where charges were never filed and the statute of limitations has run; or when a trial has occurred and a person has been acquitted. If a motion to seal arrest records under PC 851.91 is granted, the records of arrest will be destroyed, including fingerprints, booking photos (“mug shots”), police reports, and any RAP sheet entry. Arrests on both misdemeanors and felonies are potentially eligible for sealing under PC 851.91.
Potential employers, landlords, universities, state licensing agencies, insurance companies, and credit agencies can all potentially run criminal background checks on you. But, if an arrest record is sealed under PC 851.91, members of the public can no longer view it. The arrest record will be unobtainable, except for limited use by certain state officials.
There are certain cases where people are ineligible to have their arrest record sealed. To discuss the full details of your case today, call Nagra Law Firm P.C. at (916)-913-1378. We will file the necessary paperwork for you with the court and represent you at your arrest records sealing hearing.
Juvenile Criminal Records Sealing under Welfare and Institutions Code 781
If you or someone you love picked up a criminal record as a juvenile (under age 18), it is possible to have those records sealed by contacting Nagra Law Firm P.C. at (916)-913-1378. Sealing your juvenile record will prevent prospective employers, universities, landlords, credit agencies, and state licensing agencies from ever seeing the juvenile record and potentially stigmatizing you.
Juvenile records are not automatically sealed once you turn 18, unless you obtain a judicial order to seal and destroy them under Welfare and Institutions Code 781. In order to obtain that judicial order, you must first file a petition to seal juvenile records with the court. After a petition is filed, a court hearing is scheduled, at which a judge will hear from both sides and ultimately determine whether or not the petition should be granted. Nagra Law Firm P.C. can file the petition with the court on your behalf, and advocate for you at your hearing.
If the petition is granted, the court must order all records, papers, and exhibits in your case sealed. This includes the court record, minute book entries, entries on dockets, and any other records relating to the case in the custody of any agencies named in the order. Once the court has ordered the person’s records sealed, the case is deemed never to have occurred, and you may answer accordingly to any question about the case.
In order for the petition to be granted, you must not have suffered any felony convictions or misdemeanor convictions involving moral turpitude as an adult. The judge must also believe that rehabilitation has been attained to the satisfaction of the court. There are select offenses which do not qualify for records sealing under WIC 781, so to discuss the full details of your case, call Nagra Law Firm P.C. today at (916)-913-1378.
Sealing of Juvenile Arrest Records under Penal Code 851.7
People who were arrested by the police on a misdemeanor as a juvenile but were not convicted are eligible to have their arrest record sealed under Penal Code Section 851.7. If you were arrested on a misdemeanor as a juvenile, but were never convicted, call Nagra Law Firm P.C. today at 916-913-1378 to have our criminal defense attorney handle this process for you.
Situations where a person was arrested but not convicted as a juvenile may include where the person was released by the police for insufficient evidence, where proceedings against the person were dismissed, or where the person was acquitted at trial. This motion is similar in substance and effect to the motion for sealing of adult arrest records for someone who was not convicted, under PC 851.91, discussed above. There are certain cases that are not eligible for relief under PC 851.7, so call Nagra Law Firm P.C. today to discuss the details of your case.
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FAQs
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Can any person potentially get their record cleared?
Yes, expungement is available to all persons, regardless of whether you are a US citizen; your race; religion; gender; sexuality; etc.
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What is expungement?
While the word “expungement” does not appear in any California laws, it is understood to refer to the relief afforded under Penal Code Section 1203.4. If expungement is granted, you are allowed to withdraw your guilty plea and have your case dismissed.
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Why is it worth trying to get my record cleared?
Because if expungement is granted, you are “released from all penalties and disabilities resulting from the offense…” (PC 1203.4). This means you can answer, “no” on a job application asking if you have a criminal conviction, and it is legally considered an honest answer. However, there are certain exceptions, so consult with Nagra Law Firm to learn more.
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Do you recommend I try to get my conviction expunged?
Yes, we strongly recommend that you try to get your past criminal conviction(s) expunged.
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Is expungement available in all California counties?
Yes, because expungement is created by state law.
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Which state law creates the authority for expungement?
Penal Code Section 1203.4.
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What makes someone eligible for expungement?
A person must not be currently serving a criminal sentence, on probation for a criminal offense, nor be currently charged with a criminal offense.
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Does expungement happen automatically?
No, it does not. Contact Nagra Law Firm P.C. today so that we can assist you through the entire process. Mr. Nagra is a highly knowledgeable Sacramento expungement lawyer.
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How can I ensure I successfully complete probation so that I’ll be eligible for expungement?
Be sure to follow through properly with all the original terms and conditions of your grant of probation.
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Can expunging a felony conviction restore gun rights?
Under PC 1203.4(a)(2), the answer is no. The only way to restore gun rights after a felony conviction would be if a judge granted a 17(b) motion. Contact Nagra Law Firm to learn more about how to go about this.
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Can any type of criminal case be expunged?
Most types of criminal cases are eligible for expungement. Contact the best Sacramento expungement attorney, Mr. Nagra, to learn more.
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If my criminal conviction gets expunged, do I have to disclose it on a job application?
Generally, no, you do not. However, there are some exceptions, such as applying for public office, so contact Nagra Law Firm to learn more.
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Can a conviction that was expunged still be used against me in any situation?
There are some situations where an expunged conviction could still potentially be used against you. Contact Nagra Law Firm to speak with our expert expungement lawyer one-on-one.
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Can I still get my case expunged if I served a prison sentence?
Yes, if a judge, in their discretion, determines that granting you expungement would be “in the interest of justice”.
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If I was arrested but never convicted, can I get my arrest record sealed?
Yes, Nagra Law Firm can file a motion for you to have your arrest record permanently sealed under Penal Code Section 851.91.
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If I had a record as a juvenile, can I get it sealed?
Yes, there are multiple potential avenues to do this. Contact us to discuss your options.
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Can I get a DUI expunged from my record?
PC 1203.4(c)(2) states that someone who has been convicted of a DUI may petition the court, and the court, in its discretion and in the interest of justice, may order the DUI to be expunged.
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Why does it matter which lawyer I hire to get my record cleared?
A more skilled and knowledgeable lawyer will be able to advocate for you more effectively. The same is true in any type of legal case.
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What do I have to do to get my criminal record cleared?
Contact our law firm and we will handle the process for you.
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Will my case show up on a background check after being expunged?
If expungement is granted, the case should either not show up on your record at all, or show up as having been dismissed completely.
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Would clearing my criminal record help me in job searches?
Generally, yes, as most employers prefer candidates to not have a criminal record.