Contra Costa County Expungement Lawyer

Having a criminal record can significantly impact a person’s ability to gain employment, rent certain properties, or even secure certain loans, among a variety of other setbacks. Here at O’Connor Law APC, we believe that something a person allegedly did years ago shouldn’t affect them for years into the future. Fortunately, California recognizes that some people deserve a second chance via expungement or record sealing. If you believe you may qualify, please don’t hesitate to contact a knowledgeable Contra Costa County expungement lawyer from O’Connor Law APC today.

Expungement Vs. Record Sealing in California

Though the terms are often used interchangeably, expungement and record sealing are two distinct legal remedies in California, each with its own purpose and effect. Understanding the difference can help you determine which option is right for your situation.

Expungement, under California Penal Code § 1203.4, is a legal process that allows individuals to withdraw a guilty or no-contest plea, enter a not-guilty plea, and have the case dismissed. While an expunged conviction doesn’t completely erase the record, it does show that the case was dismissed, which can make a significant difference when applying for jobs, housing, or professional licenses. However, expunged convictions must still be disclosed in certain situations, such as applying for public office or certain state licenses.

Record sealing, on the other hand, is more comprehensive. When a record is sealed, it is hidden from public view entirely, as if the arrest or court case never occurred. This is particularly beneficial for those who were arrested but never convicted, or whose cases were dismissed or resulted in acquittal. Thanks to recent updates under the CARE Act and other reforms, more Californians are now eligible to have their records sealed — a powerful tool for moving forward without the burden of past allegations.

Qualifying for Expungement & Record Sealing in CA

Eligibility for expungement or record sealing in California depends on several factors, including the nature of the offense, how the case was resolved, and your history since the conviction or arrest. To qualify for expungement, you generally must have:

• Completed probation successfully (or been granted early termination)
• Paid all fines, fees, and restitution
• Not currently be facing any new criminal charges
• Not served time in state prison for the offense (with some exceptions under Prop 47 and related reforms)

Certain serious offenses, such as specific sex crimes against children, are not eligible for expungement. However, many misdemeanors and even some felonies can be expunged if reduced under Penal Code § 17(b). To qualify for record sealing, eligibility depends on the type of record:

• If you were arrested but never charged, or if charges were dismissed or you were acquitted, you may petition to seal your arrest record under Penal Code § 851.87.
• If you completed a pretrial diversion program (such as mental health or drug diversion), you may be eligible for record sealing upon successful completion.
• For juvenile records, sealing may be available after you turn 18 and meet specific conditions under Welfare & Institutions Code § 781.

Under newer laws, even some convictions may be sealed automatically or by petition if you’ve remained crime-free for a designated period — though not all offenses qualify.

What is the Expungement Process Like?

The process for clearing or sealing your record in California involves several legal steps, and the timeline can vary depending on the circumstances of your case. At O’Connor Law APC, we walk our clients through every stage to ensure the best possible outcome.

For Expungement:

1. Case Review & Eligibility Check – We’ll examine your case to determine eligibility and identify any potential obstacles.
2. Petition Preparation – We prepare and file a Petition for Dismissal with the court that handled your original case.
3. Court Hearing – In some cases, a hearing is scheduled where we argue on your behalf, demonstrating your rehabilitation and compliance with court orders.
4. Court Decision – If granted, your conviction will be dismissed, and your record will reflect that the case was expunged.

For Record Sealing:

1. Record Assessment – We’ll determine whether you qualify under arrest-related, juvenile, or diversion-based criteria.
2. Petition Filing – We file a Petition to Seal and Destroy Arrest Records (or the appropriate form) with the court or law enforcement agency.
3. Evidence Submission – Supporting documents may be required to show you meet all conditions (e.g., proof of rehabilitation or program completion).
4. Hearing (if required) – If the court schedules a hearing, we advocate for sealing based on your rights and current law.
5. Court Order Issued – If successful, the court orders your record sealed, and most employers, landlords, and background checks will no longer have access to it.

Throughout either process, having a knowledgeable expungement lawyer makes a substantial difference. From filing paperwork to representing you in court, O’Connor Law APC is committed to giving you the strongest possible chance at a clean slate.

Contact a California Expungement Lawyer Today

O’Connor Law APC has decades of experience helping clients expunge or seal their records and get the fresh start they need. If you’re ready to wipe the slate clean, simply contact a dedicated expungement lawyer from our firm today. We’re here to help you through each step of the process ahead.