Tuesday, February 4, 2014
Can I Ever Become a Nurse if I Have a Criminal Conviction on My Record?
However, there is hope! Most criminal misdemeanor and many felony criminal convictions can be cleared from your record. The process is called a criminal record expungement, and it allows the court to withdraw your plea of guilty/no contest, and enter a not guilty plea, and then dismiss your case. Under California Penal Code §1203.4, the court may grant an expungement if it is in the “interests of justice.” It is crucial to get an expungement attorney that focuses in the area of post-conviction relief, in order to optimize your chances of getting the petition granted.
Some felony cases may be reduced to misdemeanors and expunged, but it is important to hire an attorney that knows which offences may be reduced and which can’t. There are also various requirements that must be satisfied, in order to be eligible for an expungement. An expungement attorney can discuss all of the requirements to verify you’re eligible, before you pursue a petition with the court.
One of the requirements for expungement, is that you can’t still be on probation for a criminal conviction. However, you may be eligible for an early termination of probation under California Penal Code §1203.3. If so, you could potentially get an expungement granted at the same time as an early termination of your probation.
The key is that you must have an attorney that handles lots of expungement petitions, in order to give yourself the highest probability of success in these matters. It is crucial to know exactly what the court is looking for, and how to prepare the petition. An attorney with a track record of success in expungements has already demonstrated that they know exactly what the Judges are looking for. Even though every case is different, and every individual client is different, there is a formula as to what the court wants to see in an expungement petition. For more information, visit Expungement for Nurses.