"Each of us is more than the worst thing we've ever done." -Bryan Stevenson

 

​Are past criminal convictions holding you back from the life you deserve?

Subzero Criminal Defense understands the importance of second chances.​

 

Are you eligible?

 

If you were convicted of a felony it will depend on whether the felony you were convicted of is on the list of eligible felonies for conviction. Certain felony convictions such as murder and sexual assault are not on the list and would not be eligible for expungement. But if you were convicted of a listed felony, or any gross misdemeanor or misdemeanor offense, the offense will be eligible for expungement once you have met the timeline requirements.​

 

When can I petition for expungement?

 

You need to be crime free for a time period afterward to be eligible for most expungements. Generally, it’s two years after discharge from probation for misdemeanor, three years after discharge from probation for gross misdemeanors, and four years after discharge from probation for felonies. There are some nuances depending on how your case resolved that may shift the timeline. Call an expungement attorney to verify when you will be eligible.​

 

My felony got converted to a misdemeanor after completing probation through a stay of imposition, can I still expunge it if the felony isn’t on the list?

 

Before 2023, the answer would have been no. Notwithstanding the misdemeanor conversion, the court treated the case as a felony for the purposes of expungement because that was what occurred at the point of sentencing. But the Clean Slate Act of 2023 opened up a new category of expungement that permits stay of impositions to become eligible for expungement. If prior to 2023 you had an attorney tell you that you can’t expunge your record, call an expungement attorney again because the law has changed with regard to the eligibility of stay of imposition cases.​

 

Don’t my records automatically get expunged?

 

The Clean Slate Act of 2023 created automatic expungements for many misdemeanor and gross misdemeanor offenses. But there are also many misdemeanor and gross misdemeanor offenses which will not be automatically expunged including DWI, domestic assault, and 5th degree assault. Consult the full list of automatic expungement to see if your misdemeanor or gross misdemeanor is on there. To receive the expungement, you still need to be crime free for the required time period (generally two or three years after discharge from probation). If your misdemeanor or gross misdemeanor is not automatically expungable, you will need to petition for expungement just as you needed to before the Clean Slate Act.

 

​Do I need to hire an attorney?

 

No. You have the right to seek a pardon yourself. But without the expertise that comes from being an expungement lawyer you will be at a significant disadvantage. I’ve watched many times people attempting to receive an expungement or pardon shoot themselves in their foot as they make their arguments to the judge or pardon board. You don’t know what you don’t know. And an expungement attorney will help immeasurably in avoiding potholes and putting your best foot forward. 

 

Contact Subzero Criminal Defense and we can start working on your expungement as soon as today. (651-248-5142)