Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
California Criminal Defense
Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Lawsuits for Dangerous Drugs & Medical Devices
Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices.
California Personal Injury
If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages.
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Misdemeanor convictions typically do not go away. Rather, they remain on your criminal record unless or until they are expunged or sealed. The same holds true for felony convictions.
Most states allow you to try to clear your record by filing for an expungement. The expungement process typically results in the court erasing an arrest or conviction from your criminal history.
Some states offer record seals as opposed to expungements. A record seal is similar to an expungement in so far that it makes your record invisible so that it no longer comes up on criminal background checks.
Common criminal offenses that lead to misdemeanor charges include:
Most states say that a misdemeanor offense will remain on your criminal record or criminal history indefinitely.
One harsh result of this reality is that potential employers may learn of your misdemeanor charge when performing background checks. This is true even if you sustained your conviction several years ago.
Knowledge of the prior crime may result in a company rejecting your job application.
Yes. “Expungement” generally refers to the process where the court orders that a conviction be effectively erased from your criminal record.1
Note that different states handle the expungement of records differently. For example, some states prohibit the release or dissemination of records if you get a conviction expunged. Other states actually remove your criminal records and destroy your files.
No matter how a state handles an expungement, however, the process results in a great benefit. That is, if asked about a criminal history on a job application or in an interview, you generally do not have to disclose an expunged conviction.
In general, eligibility for a misdemeanor expungement requires that you:
However, many states will not allow offenders to get prior convictions of certain misdemeanor sex crimes expunged. States may also disqualify you from getting an expungement if your prior criminal offense or criminal charges resulted in a state prison sentence.3
Some states offer record seals as opposed to expungements.
The main difference is that while an expungement may result in the physical destruction of a record, a sealed record is not destroyed.4
But a sealed record is still generally not allowed for people to see for most purposes.
Further, once a record has been sealed, you can lawfully deny ever having received a criminal conviction, even under oath.
In general, the eligibility requirements for a record seal are close to those for an expungement.
Maybe, yes. If you do not get a misdemeanor expunged or sealed, you could lose your gun rights because of the offense.
This is especially true with most convictions for misdemeanor domestic violence.
Depending on the facts of your case, you could lose your gun rights for years and even for the rest of your life.
Yes. A skilled criminal defense lawyer is critical in any criminal case involving a misdemeanor charge.
An attorney can try to help you avoid a conviction by challenging a charge with a legal defense. For example, maybe a defense lawyer can help you get an acquittal by showing that law enforcement agencies arrested you without probable cause.
Further, a defense lawyer can help you avoid a conviction by negotiating with a district attorney to reduce a misdemeanor offense to an infraction.
Criminal defense attorneys can also help you with an expungement or a record seal if you do get convicted of a crime.
Please note that most defense lawyers and law firms provide free consultations. This means you can get legal advice at no cost.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
There is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with ...
Yes, but less so now that LADA (Los Angeles District Attorney) has adopted Special Directive 20-07. In attempt to promote rehabilitation over punishment, LADA will decline to press charges in many California misdemeanor cases. Instead, LADA will divert these suspects to treatment providers (called “diversion“) in attempt to keep them from reoffending. Which misdemeanors is ...
Public nuisances–loud music, parties, neglected lawns, run-down vacant homes, stagnant pools–are a problem in cities across California. People who live near these nuisances may have done their best to get the owner of the property to fix the situation but without results. In these situations, neighbors may start to wonder: should I call the police? ...
In California, misdemeanor offenses are crimes punishable by custody in county jail for up to 364 days, and fines of up to $1000.00. These offenses can also result in the imposition of fines and/or misdemeanor (or summary) probation (with conditions such as restitution, community service, and participation in counseling or treatment programs). Misdemeanor crimes in California ...