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The Long-Term Consequences Associated With A Criminal Record In California

  • By: E. Michael Linscheid
Gavel and handcuffs on a MISDEMEANOR document, representing a criminal record and its consequences in California.

How Long Can A Misdemeanor Or Felony Conviction Stay On Your California Record?

Misdemeanor and felony convictions will essentially remain on your record forever unless you take some sort of steps to clean your record. Cleaning your record could require you to seek a reduction of your charges from a felony to a misdemeanor.

In some cases, this might involve reducing a misdemeanor to an infraction pursuant to Penal Code Section 17. Also, cleaning your record could include expunging convictions from your record under Penal Code 1203.4.

Additionally, if you were found factually innocent of the charges and the case was either never filed or dismissed, you can seek the finding of factual innocence in the court to essentially seal and destroy any record of arrest on your case.

So again, while felony and misdemeanor charges may stay on your record forever. There are options for reducing or cleaning your record to assist with things like employment, immigration, etc.

Can A Criminal Record In California Prevent You From Getting Hired?

Having a record of convictions or arrests can impact your ability to obtain a job in California. California employment laws limit a potential employer’s ability to conduct background checks during and the employment interview process.

There are many jobs in which having a conviction can prevent you from obtaining employment and may also impact your ability to retain or obtain a professional license and certain certifications. So yes, criminal convictions can impact your ability to obtain or retain employment in California.

Will A California Criminal Conviction Affect Your Professional License Or Certification?

Many individuals in California possess professional licenses or certifications necessary for employment. Some of these may include doctors and lawyers, nurses and other medical practitioners, social workers, real estate agents, and bankers.

A criminal conviction, and even in some circumstances an arrest, can impact a professional license and ultimately affect employment. The impact of a criminal conviction or arrest is different for each license or certification. Some convictions may result in some sort of probation, while others may result in a suspension or a revocation of the license or certificate.

What Steps Can You Take To Reduce The Impact Of A Criminal Record In California?

If you’re seeking to reduce the impact of a criminal record on your license or certification, it is important that you immediately consult with a qualified criminal defense attorney who can assist you with determining the specific collateral consequences of an arrest or conviction on your professional license or certification.

In some circumstances, a criminal defense attorney may refer you to a licensing professional, who can work with a particular state agency to protect your license or certification.

Additionally, licensing professionals can advise your criminal defense attorney as to any potential resolutions that could limit the impact on your license or certification. Some of these licensing professionals can also provide insights on actions you can take in the interim, such as self-help classes or rehabilitation.

These types of classes can help to limit the impact of the arrest on your ability to retain your professional license or certification.

What Misconceptions Do Clients Often Have About What It Means To “Have A Record”?

The definition of a “record” is different for everyone. For some, a record might be an arrest, while others may consider a record to be a misdemeanor conviction or a felony conviction. It’s worth consulting with a criminal defense attorney to have them review your criminal record to determine if you are, in fact, eligible for a reduction, an expungement, or a dismissal of an older conviction.

It’s best to clean your record to assist with employment or immigration status or any other collateral consequences, which may impact your ability to live your life.

Still Have Questions? Ready To Get Started?

For more information on Criminal Record Consequences in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 782-6002 today.

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