FAQ - Felony Expungement

Below are the most frequently asked questions regarding our California felony expungement services. If you do not see the answer you are looking for, please feel free to contact us.

What are the details of the 100% money back guarantee?
Please view our 100% money back guarantee information page.

What happens after my conviction is expunged?
California Penal Code 1203.4 allows a person with a felony conviction to petition the court to have them re-open the case, set aside your guilty plea, your Nolo contendere (no contest) plea, or factual finding of guilt, and to set aside the conviction and dismiss the case. Moving forward you will no longer be considered convicted of the felony by the state of California, and your criminal record will be permanently changed to display a dismissal rather than a conviction. Subsequently, once the conviction is expunged by the court you can truthfully tell employers, your family, and all other interested parties that you have not previously been convicted of a felony. If the case reaches a positive resolution our office will send you an official court order signed by the judge showing that your criminal record has been expunged.

How do the background check companies know my record clearing petition was successful?
The signed order by the judge is automatically sent to the Department of Justice (DOJ), wherein your official criminal record will be updated. Every single background check company in the United States utilizes the criminal background information provided by the DOJ. It can take up to 4 weeks for the DOJ database to get updated after your expungement has been granted, and it can take the private background check databases another 2-3 months to update their records after the DOJ has been updated.

How long does it take for my official records to be updated after expungement has been granted?
The court will often update their records within 48 hours. It can take up to 4 weeks for the DOJ database to get updated after your expungement has been granted, and it can take the private background check databases another 2-3 months to update their records after the DOJ has been updated.

What will show-up a background check is ran on me?
Once the private criminal databases have been updated (getting their information from the updated DOJ record), there is a very good chance that your expunged convictions and case will not appear on a vast majority of private employer background checks. However, if the employer is requiring that you submit fingerprints and is requesting a copy of your California DOJ record, then the case will be visible, however the conviction will show as dismissed and that there was not a finding of guilt.

Is there a time when I must disclose the expunged conviction?
Once your conviction has been expunged you can honestly state that you have never been convicted of a crime in almost all situation, including when applying for a private sector job. There are only three very narrow circumstances wherein you must disclose an expunged conviction and they are (1) If contracting with the CA State Lottery Commission. (2) When applying for public office (mayor, congressman, etc.) (3) When applying for a state license.

Can I find employment easier after the expungement?
Getting your criminal convictions expunged greatly increases your marketability. Since you will no longer have the conviction on your record (it will show as dismissed) and you can honestly state you have not been convicted of a crime, your chances of securing employment are greatly improved.

Can I get a job in law enforcement after my expungement?
An individual that has been convicted of a felony may not get a job in law enforcement. This is true even if the felony is expunged as you are still prohibited from having a gun in the state of California, which is a prerequisite to become a police officer. Consequently, the only way to become a police officer is to reduce your felony to a misdemeanor under PC 17(b) and then expunge the felony conviction. We can determine if your felony is what is known as a "wobbler" and will reduce it for free when we do your felony expungement. You can view the a list of felony "wobbler" offenses.

What is a felony "wobbler" in California?
A criminal offense which is left to the discretion of the presiding judge to sentence it as either a felony or misdemeanor is what is known as a felony "wobbler." We can tell you if your offense is considered a "wobbler" if you provide us with the exact code section of the offense and the date the offense took place. If you sign up for our felony expungement service, and we determine that your felony was in fact a "wobbler," we will file a 17(b) motion to reduce the felony to a misdemeanor at no extra charge to you. List of felony "wobbler" offenses in California.

What if some of the felony charges in my case are "wobblers" and my other felony charges are not "wobblers"?
In order to have the felony conviction reduced to a misdemeanor each of the felony charges in a single case must be eligible to be reduced.

What happens after my felony conviction is reduced to a misdemeanor?
The judge will issue a court order that reduces your felony, and all criminal databases will be updated to reflect that your felony was in fact reduced.

What if I went to county jail as part of my sentencing?
County jail is NOT state prison and thus your conviction may be expunged.

What if I never went to state prison but instead I was given a suspended state prison sentence?
Your "wobbler" will not be eligible to be reduced if any part of your sentence included state prison, even if it was a suspended state prison sentence.

Does Fresh Start Law Center handle sex related cases?
No, currently we do not handle any expungement cases wherein the underlying conviction was for a sex related offense.

Will this help with my immigration application?
Yes, it will help. The fact is that you have a greater opportunity for a positive immigration application when you have a cleaned up criminal background and record.

How does Fresh Start Law Center find out my case details?
When you sign up online we have a client intake forum, wherein you will provide the details of your case. We will use this information to obtain the specific case information from the court where your conviction transpired. We keep an open line of communication open with you throughout the process.

What if I don't know exactly what is on my record?
For $100 we can help you obtain your record and do a full analysis of what expungement services are available to you. If you choose to sign up for any of expungement services we will apply the $100 to the service(s) price.

Should I hire a record clearing lawyer or can I do it myself?
The expungement laws in California are complex and convoluted, and the expungement process is a legal process. It is highly recommended that you not only hire and attorney but that you make sure the attorney you are hiring is experienced in California expungement law. A law firm like Fresh Start Law center will (1) make sure your petition and accompanying legal documents are done right the first time, ensuring that your petition does not get rejected which would cost you money (court filing fees, etc.) and months of delay, (2) handle all of the timing of the legal intricacies in the case (e.g., the DA must get 15 days notice of the filing of the petition, etc.), (3) handle any opposition from the DA to your petition, (4) we will send an attorney to argue on your behalf to any mandatory hearings required by the judge (you will not be required to attend), and (5) write letters to potential employers explaining the expungement process.

Do you have payment plans for your services?
We understand that there are different needs and that not everybody can make a full payment initially for our services. We work with our clients to provide payment plans for all of our services. Every service we offer has the option to split the total price up over three monthly payments.

How do I get updates on the status of my case?
When you sign up with Fresh Start Law Center you will be given an online account. You will then be able to login to your account on our website and view the status of your case 24 hours a day, 7 days a week. We will provide any updates on your case as we receive them. Beyond that we are always here to answer any questions you might have, you are always free to write us an email or shoot us a phone call.

How long does the process take from start to finish?
Typcial case will take between 2 - 6 months. We base our time estimate on the typical amount of time a case of this nature is currently taking in the state of California. But, cases can take a shorter or longer amount of time depending on the unique facts of the case. We begin working on your case from the second you sign up with us, and we constantly strive to get the quickest resolution possible.

Can my case be completed faster?
We start working on your case the second you sign up with us, and push very hard to get the necessary paperwork filed with the appropriate agencies. Once we have filed all of the necessary paperwork there is nothing we can do to speed your case along. The fact is that the court handles each case on a first come first serve basis. So the length of your expungement case will depend on how backed up the courts are at the time we file your paperwork.

Will I ever have to go to court?
99% of the time you will not be required to attend any of the court hearings, as we attend them and argue on your behalf. However, in very rare circumstances the judge may request your presence, but even in these rare situations we can file the appropriate motion asking the judge to excuse you from being present.

What are the main reasons my record clearing attempt would get denied?
If our petition is rejected, it is almost always for one of numerous reasons: a mistake within the legal file, a mistake made in the petition, the judge doesn't feel it would be to the benefit of society, violation of a probationary term, or not paying fines or completing all the requirements of your sentence (e.g., mandatory classes, community service, etc.). This is why it is essential to hire an expungement attorney, as they will greatly optimize your chance at a successful expungement.

What if my record clearing case gets denied by the judge?
Should your case be rejected, we will assess the reason for the refusal and identify the optimal course of action given the unique facts of your situation.

What if I have multiple cases and/or multiple convictions?
We must file a separate petition for each conviction that you desire to get expunged on your record. We do, however, offer deep discounts for clients that want to expunge multiple convictions. See our Multiple Conviction Discount page.

Will expungement remove a strike for purposes of California's Three Strikes Law?
Unfortunately getting your criminal record expunged is not going to eliminate a strike from your criminal record, however getting a felony conviction lowered to a misdemeanor before expungement can lessen the severity of a sentence in the future if happen to be found guilty of another offense. Thus, all prior convictions, whether they have been expunged or not, can be used in the future for sentencing if you are convicted of another crime. 

Can I cross the border and visit Canada after the expungement?
You will still likely be banned from entry and additional action will be necessary to discover whether you will be granted entry. The Canadian authorities have entered into an information swapping arrangement with the United States; meaning the Canadian authorities should have exactly the same information and facts as the United States. Consequently, we suggest the very first thing you should certainly do is clear your criminal record to the maximum degree possible prior to agreeing to a background check. This will demonstrate to the Canadian authorities that the matter in question was settled and that the felony has been expunged, wich will increase the chances of being allowed entry into Canada.

Can I get a Sentri pass?
The US Border Patrol has complete discretion in approving or denying Sentri passes. Consequently, the only guarantee we can make is that the expungement will help your cause, and thus we highly recommend taking the necessary steps to get your conviction(s) expungemend prior to submitting an application for a pass. Taking the steps to get an expungement will demonstrate you have settled all issues with the court.

Can I vote after my felony is expunged?
The only time you are not eligible to vote is if you have a felony conviction and you are still in state prison or on parole. If you have a felony conviction, you CAN vote if: you are on probation, OR you have completed your probation, OR you have completed your parole.

Will the expungement restore my right to own a firearm?
Sometimes it can. The most typical reasons for an person to forfeit their right to personally own or carry a firearm in California are (1) being convicted of a felony, (2) being convicted of a violent misdemeanor, or (3) being convicted of misdemeanor for domestic violence.

Can Fresh Start Law Center expunge my federal conviction?
We do not currently handle federal cases. The only real remedy if you have a federal conviction is that you must show that the conviction was wrongful or unconstitutional to get it expunged, which is very expensive and tough to do. You can also apply for a Presidential pardon, which is nearly impossible to attain.