Expungement of a Criminal Record in the State of California

 

Having a California criminal record

 

If you have been convicted of a crime in the state of California, then you have a permanent criminal record that will follow you around your whole life. It will stay with you even after you complete your sentence, pay fines, and finish with any probation given to you, and can make it very difficult to do things that most people take for granted. Things like finding a job or a place to live, or even attaining certain licenses.

 

Thankfully, the federal government allows for a process called expungement in which your crimes can be removed from your criminal record. This means that the court will dismiss the crime for which you were convicted and that your record will show that the charge has been dismissed. Every state, however, handles this differently, and in California, you must meet certain criteria to expunge your record.

 

What is the criteria for a California expungement?

 

According to section 1203.4 of the California Penal Code, anyone who meets the criteria may file a petition for dismissal of their criminal record. What is this criteria? Most people convicted of misdemeanors or felonies that do not receive a state prison sentence are eligible, but the way to go about getting your record expunged varies depending upon your specific circumstances.

 

Regardless of whether you were convicted of a California felony or misdemeanor, if you were put on probation, your conviction can be expunged by the court as long as you:

 

• Finish probation and/or receive an early release
• Pay all fines or restitution owed
• Are not on probation for a different offense
• Are not currently charged with a separate offense

 

For those on probation, before you file for expungement you must either finish the term of your probation completely or petition to have your probation period ended early. If you were not given probation and were convicted of a misdemeanor offense, you are still eligible for expungement so long as:

 

• It has been at least a year since your conviction
• You complied fully with your sentence
• You haven’t been put on probation for another offense
• You haven’t broken any new laws since you were convicted

 

Those convicted of a felony who want it to be dismissed from their record first need to have it reduced to a misdemeanor offense prior to petitioning to have it expunged. Some crimes also fall into gray areas, where the court will have to use their own judgment about whether or not you qualify for expungment. For example, if you were convicted of driving under the influence or simply didn’t complete your probation, it is still possible in some cases to have the charges dismissed from your record if you have done other things, such as paying your fines and not being charged with, serving time for, or on probation for another offense. And, of course, there are crimes that simply are not eligible to be expunged from your record, such as sexual assault and rape of a minor.

 

Why do I want a California expungement?

 

Expungement won’t solve all of your problems if you are convicted. Getting your record expunged doesn’t literally mean that you didn’t commit the expunged crime. Dismissal of a felony from your record won’t allow you to remove the prohibition to possess or own a firearm, and if your license is suspended or revoked for getting a DUI, expungement won’t get it back for you. Also, if you later are convicted of another crime, the expunged conviction may still cause you to receive increased penalties for your current crime, just as if you had multiple convictions without expungement.

One of the biggest drawbacks of a criminal record is that question you see on almost every job and rental application but probably never paid a lot of attention to until you got in trouble with the law: have you ever been convicted of a crime?

 

With a criminal record, you are now required by law to disclose your convictions, which could hurt your ability to get many jobs and find housing. If, however, you get the conviction expunged from your record, you can legally say that you haven’t been convicted and the public at large – including most employers and potential landlords – never has to know about your crime.

 

You should know, though, that if you wish to be licensed by a state agency or run for public office, you will still need to disclose to them the fact that you were convicted. You would answer the question on the application as “Yes, conviction dismissed,” and by law California agencies must treat you as if you never received a conviction in the first place.

 

How do I begin the expungement process?

 

The court system in California has numerous resources available to people looking to dismiss prior convictions from their record, but the best person to contact is the California attorney who handled your case in the first place, since they will be familiar with it and can initiate the process.