A Guide on How to Expunge a Child Endangerment Charge in CA

Having a criminal record expunged can be life-changing. Because it effectively removes the negative consequences of a conviction, it allows those affected to take back their lives.

However, the reality is that the legal process often seems confusing or daunting, which is why many are hesitant to pursue it.

In this article, we will break it down in steps to help those with a past criminal conviction understand eligibility requirements and how to go about having a California criminal record expunged.

Understanding Child Endangerment Charges

Endangering a child is considered a serious offense in the state of California. According to the California Penal Code Section 273A, child endangerment involves exposing a minor (a child who is under 18) to conditions that could cause them harm. In addition to physical abuse or domestic violence, it also includes neglect.

Child Endangerment Penalties Under California Law

This crime can be considered a misdemeanor offense or a felony, depending on the circumstances surrounding the abuse or neglect.

Misdemeanors typically involve a maximum of one year in a county jail and a fine of up to $2,000. The offender may also be required to attend parenting and domestic violence classes.

On the other hand, a felony conviction will carry a punishment of significant time in prison, fines, and more. In these cases, the offender may lose their parental rights.

What Is "Expunction" or "Expungement?"

Having a criminal record expunged in California involves removing its negative consequences. This means that employers, landlords, and other people or entities cannot discriminate against the individual because of the expunged record. Goss Law can provide insight on how to expunge federal crime charge in CA as well.

It is important to remember that the state of California does not have an actual expungement process that would eliminate the record altogether. Instead, the offender can apply for a dismissal.

This means that the child endangerment conviction will still show up when someone conducts a background check on the individual, but it will indicate that the charges were dropped.

In order to commence this process, it is important for convicts to have sound legal representation.

Who Is Eligible for a California Expungement: A Closer Look at Eligibility Criteria

The good news is that if a child endangerment offense results in either a misdemeanor or felony conviction, there is a chance that the court will dismiss the charges. Here are the requirements for having the charges dropped, according to California under Penal Code Section 1203.4:

Felony or Misdemeanor: Probation Completed

In some cases, a judge will allow an offender to serve a part of their jail sentence at home. This is known as probation. To apply for a dismissal of charges, the offender must have completed their probation. All the conditions specified by the court must have been successfully met.

Those who have received felony convictions may need to first petition the court to reduce their sentence before they may apply for an expungement.

Felony or Misdemeanor: No Probation

If the crime did not involve probation, the offender can apply to have the charges dismissed after one year from the date of the conviction.

There Are No Additional Criminal Charges or Probation for Other Offenses

When a person is convicted of and punished for a crime, they are instructed not to engage in further criminal activity. Failure to follow this rule will result in the person's petition for dismissal being dropped.

Similarly, if the individual is still serving probation for another conviction, they will not be granted an expungement until their probationary requirements have been met.

It's important to note that the court determines whether child endangerment charges are dismissed, so simply filing a petition does not guarantee that it will be granted.

How to Expunge a Child Endangerment Charge in CA

Those who are suffering under the consequences of their actions can petition the court to drop the charges, freeing them of the negative effects of a child endangerment conviction. Although relatively simple in principle, having the charges dismissed requires legal expertise.

Individuals hoping to successfully take back their lives can follow these eight steps:

Step 1: Find a Reliable Criminal Defense Attorney

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Unsurprisingly, the first thing an offender will need to do is find a reliable lawyer to help them navigate the legal process. Perhaps, consider whether it may be beneficial to hire a criminal defense attorney in Sacramento. It's important to ensure that the legal representative is:

• Experienced,

• Reputable,

• Knowledgeable,

• Compassionate, and

• Well-rated by past clients and peers.

Additionally, the attorney should possess excellent communication skills and have experience working with child endangerment cases.

To determine whether a candidate is suitable, applicants can schedule a free consultation with the firms they are interested in to determine which one would be a better fit.

Step 2: Obtain Copies of the Criminal Charges

Once a reliable criminal defense attorney has been successfully retained, copies of the individual's criminal records must be obtained. This will provide crucial insight into the details of the conviction and stand as a guideline for the petition.

Step 3: Gather Evidence

When preparing for the case, a criminal defense lawyer will conduct their own investigation to uncover vital evidence that could push the prosecution to drop the charges. Witness statements, surveillance footage, and other types of evidence can all be presented in support of the dismissal.

Step 4: Determine Eligibility

As mentioned previously, not everyone qualifies to have their child endangerment charges dropped. An attorney must go through them and ensure that all the requirements have been successfully met.

Step 5: Fill Out the Paperwork

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In order to initiate the process, the applicant will need to acquire and complete Form 1203 correctly. Their attorney will help with this. All paperwork must be filled out truthfully to avoid the petition being denied.

Step 6: File the Petition

Once the petition has been completed, it will need to be filed with the relevant court. To do this, applicants will have to mail their paperwork or hand it over in person to a court clerk. Thereafter, a judge will go through it and provide a response within five months of submission.

It is important to remember that a fee may apply, depending on the nature of the crime. Those who lack the resources to cover this expense may apply for financial assistance.

Step 7: Attend a Court Hearing

A hearing will then be scheduled, and a judge will hear from the applicant's attorney, who will present reasons why the petition should indeed be granted.

In some cases, the prosecution may be against the dismissal of the child endangerment charges, and the individual's lawyer will need to provide a rigorous defense. They can argue against the allegations that their client's actions put a minor's life in danger by presenting proof.

The attorney could also present substantial evidence to prove that the offender did take reasonable steps to ensure the safety of the child. Having an experienced criminal defense lawyer on their side can make a world of difference, giving them the best possible chance at having the charges dropped.

It is important to note that the applicant may not be required to attend this hearing. However, the court will notify them if their presence is necessary.

Step 8: Refile If the Petition Is Denied

If the petition is denied, it is important to look at the reasons why. In some cases, the offender may be able to apply again after certain requirements are met. To determine whether they are eligible to apply for a dismissal of charges again, the individual should talk to their attorney.

The Impact Expungement Can Have on the Life of a Convict

A criminal conviction for child abuse or neglect can have a serious impact on the affected individual's life. They will be restricted in terms of the housing and employment opportunities available to them, and they will not be able to obtain certain professional licenses.

Having a record expunged gives the person the legal right to claim that the conviction was dismissed, allowing them to finally be free of the negative consequences.

What a California Expungement Does Not Do

While having child endangerment charges dropped can significantly improve the life of an offender, it is important to note that this process does not eliminate the record entirely. According to Penal Code Section 1203.4, having a criminal charge dismissed:

• Does not change any driving restrictions placed on the offender.

• Will not revoke any restrictions placed on the ownership and use of a firearm.

• Still requires child abusers to register as California sex offenders.

• May have an impact on future sentencing.

For more options on how to alleviate these negative consequences, offenders should talk to their attorneys.

Goss Law Offers Reliable Criminal Defense Services to Those Seeking an Expungement

Although the process of having a child endangerment conviction dismissed may seem incredibly daunting, having reliable legal representation can make a world of difference. At Goss Law in Sacramento, CA, we are committed to ensuring that our clients get the best possible outcome.

We understand that having charges of child endangerment dropped can have a significant effect on the life of an offender, which is why we leave no stone unturned in ensuring a smooth process.

To learn more about our services, applicants are encouraged to contact us at (916) 999-7689 for a free and confidential consultation!

Frequently Asked Questions

1. Who is not eligible to have child endangerment charges dropped in California?

If the offender spent time in state prison for endangering a minor, they may not apply to have their criminal record expunged. Furthermore, the following acts disqualify convicts:

• Oral copulation with a child,

• Unlawful sexual acts with a minor,

• Child endangerment charges that involve sodomy, and

• Lewd and lascivious acts with a child.

2. What are some of the defenses a lawyer can use?

To push the prosecution to drop the charges, an applicant may present evidence that the child wasn't really in danger.

They can also argue that they had no knowledge that their actions were a hazard to the minor. Another defense could be proving that there was a misunderstanding about what happened, which led to the conviction.

3. How long will it take to have child endangerment charges dismissed?

The duration of the dismissal process will vary greatly, depending on the specifics of the case, the court's schedule, and more.

In most cases, simple cases can be finalized within a few months, while complex cases that require appeals, pre-trial motions, and more could take a lot longer. To get a better idea of what to expect, applicants should talk to their attorneys.

4. Are there other options available to offenders?

Yes, there are. Plea bargains, which involve admitting guilt in exchange for a reduced sentence, may also be obtained. Moreover, diversion programs, probation, rehabilitation, and other options could also be granted. A knowledgeable criminal defense attorney can offer case-specific advice on which one to pursue and how to go about doing so.

5. Is an expungement worth it in California?

Absolutely! The reality is that a criminal charge can close the doors of opportunity. Convicts do not have access to the same employment prospects, housing, and so much more. Moreover, they carry the weight of a tarnished reputation that can affect their social standing.

Having the charges dismissed offers relief. It gives individuals the opportunity to deny a criminal conviction for the endangerment of a child, which can restore their lives and help them get back onto their feet.

6. Why is it important to have a good criminal defense lawyer when applying for an expungement?

The truth is that it is not easy to have a court change its verdict and drop the charges against someone who they thought endangered the life of a child. However, misunderstandings do happen, and when the convict has a reliable attorney on their side, it can make a world of difference. Goss Law can consult on how to expunge fraud charge in CA as well.

Their legal representative can help them explore the legal avenues available to them and provide guidance throughout the process. They will also uncover vital evidence and present it in a compelling way to the court, increasing the chances of a favorable outcome.