Criminal records can be hard to overcome. Regardless of whether the conviction is a felony or a misdemeanor, it has the potential to negatively impact the individual’s life for the rest of their life. However, there are some exceptions to that rule.

Under The Age Of 18

If the individual was under the age of 18 when he or she was convicted of a crime, those records are sealed, meaning only law enforcement will have access to the record. Employers and other individuals performing background checks will not receive the information, and it will not be available to the general public.

Sealing Or Expunging Adult Crimes

Unless the criminal record is legally sealed or expunged, there is no escaping it. Luckily, individuals who have been convicted of a crime and spent a number of years with the conviction on their record may be eligible to have the record sealed or expunged. Our Los Angeles criminal attorneys can help. A sealed adult record works the same way as a sealed juvenile record. Only law enforcement will be able to see the data.

Expungement, however, is the complete removal of the criminal record. To facilitate this process, the individual must petition the courts and request the record be expunged. The process differs from state to state. In general , the individual will have to obtain an Expungement form from their state’s Department of Corrections and fill out that form, and some states offer qualification worksheets so that qualification can be determined prior to applying.

To qualify and apply for an expungement, the individual will need their case number, arrest date, the name of the arresting law enforcement agency, filed charges, outcome and completion date. If the person was convicted of more than one crime, they will need the information from each conviction. Once filed, the expungement will either be granted or denied.

If denied some states offer an appeal process, and other require the individual to wait a specific number of years before they apply again, and in general, the new application must contain different crimes than the first form.

After someone is arrested, police offices involved in the case will write a police report about the crime. The police officers will obtain witness statements, and a run background check on the suspect. The police officers will conduct further investigation, in order to determine whether criminal charges should be recommended. If they do, they’ll refer it to the prosecutors. The prosecutors have the option of rejecting the case for criminal prosecution. If the charges are filed, then the next step is the arrangement. At this stage, the judge will listen to the evidence presented by the state – and decide whether to let the case go forward or not. If the case goes forward, you will need to hire a criminal defense lawyer to represent you.

Many cases are often dismissed, because there isn’t enough evidence to convict the suspected criminal. The court system does not get involved in such cases, as a result. However, the world isn’t perfect. In some cases, people who have done nothing wrong – can be at the wrong place, at the wrong time. They can get accused of committing a crime they didn’t do – simply because the officers were negligent in their investigation. In some cases, a cop might be malicious and try to frame someone else. In rare instances, cops will try to increase their arrest rate – and falsely arrest people.

Many times, innocent people serve years in prison – only to be released later. At times, police officers are inclined to not believe what you’re telling them – because they automatically suspect you’re lying. Even if you’re saying the truth  – the officer is required to assume you’re lying. So what happens if you’re accused of doing something you didn’t? You have to go to trial and prove your innocence. This can only be done if you hire a criminal attorney who can represent you.

Our firm has experience having cases dismissed, where our client was wrongfully accused of doing something he/she didn’t.

The U.S. Constitution, gives everyone the right to act “pro-se,” or in other words – represent himself without an attorney. Statistical evidence has shown individuals are incapable of representing themselves as good as when they hire an experienced criminal attorney. Having a criminal attorney is better than doing it alone. If you plead guilty automatically, you will get the highest possible punishment. Just because you plead guilty doesn’t mean the prosecutor will go easier on you.

DUI guilty pleas carry a mandatory license suspension. Without a Los Angeles criminal attorney representing you, that means you have no way of avoiding that. On the first time DUI, a license is suspended for no less than 90 days.  If you refuse to submit to an evidentiary breath test, you will have your license suspended no less than 6 months. Many people falsely believe that if they provide a breath sample – and the result is .08% or greater, than they have no way of defending themselves. This is incorrect.

An experienced criminal attorney in Los Angeles can help find ways of defending you. For example, if the machine that did the breath test was faulty, we can use that to help build a defense. This can result in the case being dismissed, or the charges lessened. Bottom line, you should never plead guilty automatically.

Prosecutors make an independent analysis on whether to file charges or not, regardless of what the arrest was for. The prosecutor will look at the evidence, and then based on it – determine whether to file felony or misdemeanor charges. The exclusive right to charge for a crime, is solely on the prosecutors discretion.