Criminal Defense in Orange County
Understanding Expungements

Anaheim Expungement Attorney

Find Out if an Expungement Could Benefit You

Whenever you are convicted of a crime, that offense is placed on your criminal record. The more crimes you are convicted of committing, the more marks you gain on your record. Such a record could negatively affect your ability to obtain certain jobs, or even live in certain areas if you have been convicted of a sex crime and are a registered sex offender. So what do you do if you have a record but want to move forward with your life? That's where The Law Office of Barney B. Gibbs comes in.

Our Anaheim criminal defense lawyer, Mr. Gibbs, can help you seek an expungement so that you can present a clean record to employers and educational institutions. He has more than 35 years of experience in criminal defense, so you can trust his legal counsel to be efficient and knowledgeable. Attorney Gibbs is dedicated to providing one-on-one service to all of his clients to help them put their past mistakes behind them.

What is an expungement & how does it work?

In essence, an expungement is the act of erasing your conviction(s) from federal and state records, allowing you to act as though it never happened. This is not to be confused with a pardon, which does not seal your record and prevent others such as employers from knowing that you committed a crime. According to the California Penal Code §1203.4 and §17, an expungement procedure is essentially a re-opening of your case.

There are three basic types of expungement:

  • Expungement of criminal convictions for which probation was a part of the sentence,
  • Expungement of criminal convictions for which probation was NOT a part of the sentence, and
  • Expungement that reduces a felony conviction to a misdemeanor for the purpose of dismissing the misdemeanor; not all felonies qualify.

If the expungement is successful, you will no longer be a convicted individual and will not have to disclose the information to employers. Although an expungement can accomplish many things, there are certain things that it cannot do. For example, it will not prevent you from having to register as a sex offender. Essentially, an expungement seals your conviction rather than erases it, meaning government agencies, law enforcement, and courts still have access to the information as part of your criminal history. Still, our attorneys know that an expungement has numerous benefits and can provide you with a clean slate to build a new future.

Are you eligible?

In order to obtain an expungement in the state of California, you must file a petition for expungement as defined in Cal. Pen. Code § 1203.4. However, it is important to understand that you cannot petition for or obtain an expungement if you have violated probation, are currently serving time for a crime, or have been charged with a subsequent crime. Ultimately, the best way to find out for certain whether or not you may be able to petition an expunction is to speak with an Anaheim lawyer from The Law Office of Barney B. Gibbs.

Factors that impact eligibility include:

  • You may only seek expungement if you were sentenced to county jail time, probation or a fine
  • You may only file for expungement if you have successfully fulfilled the terms of your probation
  • It is a myth that only misdemeanors can be expunged; some felonies qualify for record sealing
  • Certain types of crimes may not be expunged, such as serious vehicle code violations and "egregious" offenses including violent crimes and sex offenses.

Representing Clients in Orange County for 35 Years

With extensive experience in the field of criminal defense, The Law Office of Barney B. Gibbs could review your case and help you determine if you should petition for expungement. By wiping your criminal record, you could find true freedom again and pursue the career and life goals that had previously been restricted, so call now to schedule an appointment.

Attorney Barney B. Gibbs has represented more than 3,000 individuals in criminal court and secured more than 2,000 counts dismissed over the course of his career, so you can trust that your future will be in good hands when you hire our firm.

Your initial evaluation is free of charge, so do not hesitate to call today! We even offer financing options, so there is no reason to wait any longer.


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