Expungement Attorney in San Marcos, California – San Marcos Experienced Lawyers Expunging Your Record

If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else.

An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future.

There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement.

Expunging Your Conviction

Expungement in San Marcos, California does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required.

Some infraction, misdemeanor, felony offenses can be expunged including:

  • Drug possession and other drug related crimes
  • Marijuana possession
  • Domestic violence
  • Theft
  • Burglary
  • Robbery
  • DUI, DWI, driving under the influence of alcohol or drugs
  • Prostitution & Sex Crimes
  • Indecent exposure
  • Stolen property offenses, petty theft, shoplifting
  • Assault, assault with a deadly weapon, battery
  • And much more... Please call 1-888-754-9877 to find out if you qualify.

Post-Conviction Relief

There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:

  • Misdemeanor Expungement

Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.

  • Felony Expungement

As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.

  • Early Probation Termination

Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.

  • Reducing Your Felony to a Misdemeanor

In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.

  • Record Sealing

Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under San Marcos, California Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing.

Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation.

Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed.

Contact Us to Get Started

An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family.


About San Marcos

San Marcos is a suburb of San Diego in the North County section of San Diego County, California. As of the 2010 census, the city had a total population of 83,781. Outside the San Diego region, it is best known as the home of California State University, San Marcos. The city is bordered by Escondido to the east, Encinitas to the southwest, Carlsbad to the west, and Vista to the northwest.

According to historical legends, the San Luis Rey Mission flocks were robbed by a small band of Indians in the late 18th century. Fleeing the Spanish troops, the Indians escaped to the hills. While pursuing the Indians, the Spaniards came upon a fertile valley in 1797 which was named Los Vallecitos de San Marcos (Little Valleys of Saint Mark) to honor the day of discovery: April 25, St. Mark’s Day. On April 22, 1840, Governor Juan B. Alvarado granted Rancho Vallecitos de San Marcos to his relative, Jose María Alvarado. Jose Alvarado was killed at the Pauma Massacre in 1846, and the land was left to his wife; she then sold the land to Lorenzo Soto. In the late 1850s, Soto sold part of his land to Cave Couts and his family was soon raising livestock. Although Cave Couts owned the land, Major Gustavus French Merriam from Topeka, Kansas made the first permanent settlement. Merriam homesteaded 160 acres (0.65 km2) in the north Twin Oaks Valley and began wine and honey production.

After Major Merriam’s settlement, German and Dutch immigrants began moving into the area in the early 1880s. Then in 1883 a few miles south of the settlement, John H. Barham founded the first town in the area. By 1884, the town of Barham had a post office, blacksmith, feed store and a weekly newspaper. In 1887, the San Marcos Land Company bought almost all of the San Marcos land formerly owned by the Couts family and promptly divided the land into tracts. Soon the beautiful hills began attracting home-seekers.

The original town of San Marcos was at the intersection of what is now Grand Avenue and Rancho Santa Fe Road. In 1887, the Santa Fe Railroad announced that it was going to lay tracks going through the valley, but to the disappointment of the citizens, the tracks were laid one mile (1.6 km) away from the center of the town. By 1896, San Marcos was a community with its own stores, post office, blacksmith and railroad depot. In 1903, the town appeared to be going downhill, so the people of San Marcos picked up their homes and moved along the railroad tracks to what now are Mission Road and Pico Avenue. By 1905, the town had every convenience, including rural mail delivery and telephone service. The first school in the area, which had started in Barham in 1880, was moved in 1889 to San Marcos. Later that same year, the Richland School was built, being the second school in San Marcos. The main business in San Marcos in the 19th and early 20th centuries was farming. In the mid-20th century, dairies and poultry production became a big part of the business in the town.

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