Matthew J. Ruff Expungements Law Blog on Lawyers.com

A criminal conviction is a legal judgment that will stay on your permanent record unless the person takes steps to remove it.  A criminal defense attorney can help to ensure all legal remedies are exercised.  In California, the law allows for an expungement of a conviction as long as certain conditions are met.  Most importantly, the person must have remained crime free during the term of probation.  In cases where prison was imposed (as opposed to local jail), the las becomes more complex and the typical expungment statutes are not useful to remove the conviction.  In recent years the law has limited the types of crimes that fall under the expungement provisions that allow automatic relief.  For example, DUI charges, as of 2008 are no longer automatically expunged.  In addition, certain sex offenses and offenses involving children have been excluded alltogether.

Time constraints can hinder the process of removal.  In most cases, the individual must wait until probation has terminated before he or she can apply for an expungement.  This can sometimes be three years or longer