After having completed the requirements that may come with a criminal offense in Irvine, typically your only wish is to be able to move on with your life. Yet as many of those that our team here at Ron Cordova, Attorney at Law has worked with in the past can attest to, having any record of a past criminal offense can inhibit doing just that. A criminal history can keep you from getting a job or enjoying other benefits such as qualifying for housing. The question then becomes whether there is a way for you to have your criminal record cleared.
Yet first things first; it is important that you understand your rights. For example, according to The Judicial Branch of California, a prospective employer cannot ask you for any information related to a past arrest that did not result in a conviction, nor can it inquire as to your previous participation in any sort of diversion program. You also cannot be asked about any juvenile offenses you may have been involved in. Even if knowledge of any of the aforementioned activities comes to the employer’s attention, that information cannot be a factor in determining whether to fire (or fire) you.
You can request that certain offenses be dismissed from your record. These include:
- Misdemeanor offenses
- Prostitution and solicitation charges
- Certain violations of the state’s Vehicle Code
Certain felony offenses can also be dismissed (at the court’s discretion) if you sentenced to county jail and are currently not facing any other charges. You must wait at least one year from the end of your sentence before petitioning for such a benefit if part of your sentence was served under mandatory supervision (two years if it was not).
More information on dealing with criminal charges can be found throughout our site.