In California, expungement is a popular way for people to have their legal record sealed or “erased” in the eyes of the court, which can be extremely helpful to you depending on your situation. The expungement process can be time-consuming and confusing at times, which is why we believe that working with a criminal defense attorney will get you the best results in your case. It involves a process of documents, filing applications, going to court, and more. So, it is not unheard of that something could go wrong – and we will explain the many reasons why you may receive a denial.
Reasons for Denial
Not Eligible: Some convictions are just not eligible for expungement, such as serious sex offenses, child pornography, and certain vehicle-related offenses. Depending on the severity, some misdemeanors are even included in this. However, if you have been convicted of a crime and you are still receiving probation for it, it is best to wait until the probation sentence is up and then try to file.
Improper Filing: If your petition was not drafted or filed properly, you could see a denial. As you probably already know if you are working with an attorney, there are timelines and procedures that must be met when you are filing with the court. Do not miss information or fill anything out incorrectly.
Violations of Probation: If you violated the terms of your probation for the particular crime and have been discharged from any more probation time, the judge will probably deny your expungement request. If you are abiding by the law at all times since your charges, you will have a better chance. Avoid future violations at all cost if you want a chance to file for expungement in the future.
Outstanding Fines: If you have not paid all of your fines or restitution as ordered by the court, you could be denied. The best thing to do is make sure everything is paid off before you file.
Expungement denial can be disheartening, especially when your record is keeping you from many aspects of your life, such as gainful employment. This is why it is important to speak to us today about your options. Call us for more information on your case and how we can help.