If you have received a criminal conviction in the Riverside courthouse, a Riverside expungement can help you build a path to a better future – particularly if want to improve your employment situation.
There is often confusion about what exactly an expungement is and how it can help you.
As expungement lawyers, our job is to educate you on what an expungement is, its benefits, whether you are eligible, and the process for obtaining one.
Explaining a Riverside Expungement
The Riverside criminal courthouse is located at 4100 Main Street, Riverside, CA 92501. If you received a criminal conviction in the Riverside courthouse, this is where your Riverside expungement needs to be filed.
A criminal conviction means either a felony or a misdemeanor conviction. Most traffic tickets, for example, are not felonies or misdemeanors. Whether a case is a “criminal” case depends on the level of punishment involved.
A misdemeanor is punishable by potential time in jail and/ or fines; a felony is punishable by potential time in State prison and/ or fines.
Most traffic tickets, such as speeding, are punishable by fines only, and are thus referred to as “infractions.”
An “expungement” is the common language for dismissing a criminal conviction from your criminal record, under California Penal Code 1203.4.
Technically, an infraction can also be expunged, but since infractions aren’t searchable by a background check with the California Department of Justice, there is usually no need to expunge an infraction (unless for personal reasons, such as peace of mind).
The Benefits of a Riverside Expungement
Improve Your Employment Situation
The main benefit of a Riverside expungement is to prevent an employer from discriminating against you. If you get your criminal conviction expunged, California Labor Code 432.7 protects you from employment discrimination.
This means your current employer can’t fire you if he finds out you have a criminal conviction – as long as that conviction was expunged.
It also means that when you are applying for a job, you don’t have to disclose it if asked about it in an interview or on an application – as long as that conviction was expunged.
There are actually three exceptions to this non-disclosure rule; in other words, here are the three situations when you still have to disclose a conviction even if it was expunged:
- When you are applying for State licensure (to be a nurse, lawyer, accountant, etc.).
- When you are contracting with the California State Lottery Commission.
- When you are applying for public office.
As long as your situation is not one of the above scenarios, you do not have to disclose an expunged conviction.
Remove Travel Restrictions
Sometimes a criminal conviction will prevent you from traveling into another country.
For example, Canada will prohibit you from crossing its borders, even if you have a misdemeanor DUI conviction!
A DUI expungement would solve this problem and allow you to cross from the U.S. into Canada.
Your Eligibility for a Riverside Expungement
In order to be eligible for a Riverside expungement, you have to meet a few different criteria.
No State Prison
If you were convicted of a felony, this does not automatically make you ineligible for a felony expungement. Just because you are convicted of a felony, it does not mean you were sentenced to serve time in State prison.
Often, even though convicted of a felony, the court will sentence you to serve time in the county jail. As long as you didn’t serve time in State prison for your felony conviction, you are still eligible for an expungement.
Certain Crimes Prohibited from Expungement
Even if you were not convicted of a felony, you may be prohibited from getting an expunged misdemeanor if you were convicted of a certain type of offense.
Penal Code 1203.4 lays out the specific types of offenses that are prohibited from expungement. These offenses are mostly egregious sex crimes, such as sex with minors.
No Pending Offenses, Charges, or Probation
You will also be ineligible for a Riverside expungement if you:
- have pending criminal charges against you;
- are still on probation for a conviction; or
- you are still serving a sentence for a conviction.
Assuming you can get past all of the above barriers, you will be able to bring a motion to clear your criminal record. However, this still does not guarantee your motion will be granted.
You have to make sure you meet all guidelines and procedures required by the Court, as discussed below.
The Process for Obtaining a Riverside Expungement
Although Penal Code 1203.4 lays out the law that is applicable for clearing your criminal record anywhere in the State of California, how this law is implemented varies from county to county and court to court.
In Riverside Court you must:
- draft and file your motion using proper court procedures;
- serve the Riverside District Attorney’s office so they have notice of your motion and an opportunity to respond;
- argue your motion in court, in the case where a hearing is set (not always applicable but will improve your chances if you have a good expungement attorney);
- convince the judge to grant your motion.
In the instance where you violated your probation (even if minor), the Court has discretion to deny your motion in the interest of justice.
This means you have to convince the Court that it is in the interest of justice to allow you relief under Penal Code 1203.4.
When you did not violate your probation, the Court doesn’t have the discretion to deny your motion, but still has the power to deny your motions on procedural grounds.
This is why an expungement attorney is a valuable asset if you want to make sure you’re doing all you can to clear your criminal record.
Hire an Attorney to Help You with Your Riverside Expungement
As you can see from all that is written above – getting a Riverside expungement can be more complex than you originally thought.
Do-it-yourself litigants tend to take longer, lack efficiency, cause undue delay, and even prevent themselves entirely from getting their motion granted – when they otherwise were entitled to relief.
As an expungement lawyer experienced with getting expungement motions granted in the Riverside courthouse, I have the knowledge and experience to assist you.
For a free consultation with me personally you can reach me here: