What is the process to clear a criminal record?
The Process to Clear a Criminal Record
To begin the process to clear a criminal record expungement, an attorney will file a motion to clear the criminal record with attached declarations with the Court. The motion to clear the criminal record will include an order for dismissal, and proof of service. After the documents are filed with the Court clerk, the hearing is set for oral argument. The oral argument will be between the person clearing their record, and the District Attorneys office. The Court usually hears oral argument on the motion to clear the criminal record 30 to 60 days after the motion is filed.
It is possible to clear a felony record. In order to expunge a felony conviction from your record, your attorney must first reduce the felony to a misdemeanor. The District Attorney and the Probation Office usually opposes felony record clearances. Therefore, it is important to work with an experienced attorney to clear your criminal record.
The Alameda County District Attorney, and the Santa Clara County District Attorney often challenge motions to expunge. However, the attorneys at the Bay Area Law Center have experience in overcoming prosecution objections and winning the order to expunge.
If the judge denies your motion to clear your record, it is not the end of the road. If you believe you can convince a judge that you have changed, you can apply again for a motion to clear a conviction. If the Court grants your motion to clear your record, your plea will be revoked and the charges against you will be dropped.