Criminal Records, Expungement Expungement and Background Checks in CA

[worriedtodeath]

Thanks very much for your terrific website. One year ago, I was convicted of misdemeanor petty theft. My probation period of one year has already passed, and I did not commit any new offenses or violations.

I have already checked out this link: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

However, I would like to know based on your experience, how long will this expungement process take? In other words, from when we file the motion, how long until they actually clear my record? (1st Question)

Furthermore, are there multiple methods for the expungement--which way is the fastest? (2nd Question)

I'm currently choosing an expungement lawyer, but all of them have different policies--some are charging $800 b/c they say that they have to appear in court for me to file a motion, while others are charging only $300 b/c they say that all we can do is file a paper petition to probation dept.

So, who is right? (3rd Question)

I'm asking this because I'm currently seeking full-time employment after graduation, and I am quite anxious to get this charge off of my record.

Since my background check may take place before my records are expunged, are there any proactive steps that I can take to make minimize the showing of my court records from the check? (4th Question) It's sad to realize how long and inefficient the expungement process takes.

Once again, many thanks for your kind assistance. Look forward to
hearing from you soon.

 

[stupidme]

i remember reading your story that you wrote in this forum last year. may I ask what was the outcome? did you spend time in jail? were you given the option of a diversion program or other plea bargain? i want to find out because I am in a similar situation myself and any advice/experience would be greatly appreciated.

ps i live in san diego, ca

 

[Duranie]

Well if you don't like the expungement process, don't commit the crime in the first place.

I am not an attorney so this is very general info. I don't think its possible for you to get an expungement after only 1 year. Most courts will require you stay out of trouble for 5+ years before it will be processed.

Also, this expungement if it does take place, will be for that court only. It might show up on a more invasive background check.

This is not a time to cheap out and go with the least expensive process. I would probably only trust an experienced attorney to do this.