Having a criminal conviction on your record can affect many aspects of your life, including employment opportunities, housing applications, and the ability to participate in certain social activities. Fortunately, expungement in California offers a way for individuals with criminal records to clean their slate and move forward with a fresh start. If you’ve been convicted of a crime and are seeking to clear your record, understanding the expungement process in California is essential.

In this blog post, we will explain what expungement is, who is eligible, the process for filing for expungement, and the benefits that come with clearing your criminal record in California.

What is An Expungement?

An expungement is a legal process that allows a person who has been convicted of a crime to have the conviction removed from their criminal record. While expungement does not erase the record entirely, it does allow individuals to legally claim that they have not been convicted of a crime, under certain circumstances. In California, expungement is typically available for individuals who have completed their sentences, including probation, and are no longer serving time for the offense.

Expungement is beneficial for individuals who want to avoid the social and professional stigmas that come with having a criminal conviction. Once expunged, a person can legally say they have not been convicted of a crime, except in certain situations (such as when applying for certain government jobs or professional licenses).

Eligibility for Expungement in California

In California, not everyone is eligible for expungement. To determine whether you qualify, you need to consider several factors, including the type of conviction, whether you completed your sentence, and your criminal history. Here are the general eligibility criteria for expungement:

1. Completion of the Sentence
   To be eligible for expungement, you must have completed your sentence, including any term of probation, jail time, or parole. If you are still serving probation or have not completed the terms of your sentence, you are not eligible for expungement.
2. Types of Convictions Eligible for Expungement
   California law allows expungement for most misdemeanor and felony convictions. However, certain serious crimes are not eligible for expungement. Common offenses that may be eligible for expungement include:
   

   • Misdemeanors (such as petty theft or simple assault)
   • Felonies (provided that the offense does not involve serious or violent crimes)
   • Drug offenses (if they did not result in a serious felony conviction)

Note that not all convictions are eligible for expungement, including violent crimes, sex offenses, and crimes that resulted in a mandatory life sentence. Additionally, individuals who have been convicted of certain crimes (like sex offenses involving minors) may be ineligible for expungement, regardless of the circumstances.

3. Probationary Status
   In most cases, individuals on formal probation are eligible for expungement. However, if you violated your probation or failed to complete the terms of your probation, you may not be eligible. In some instances, individuals may be eligible for expungement even if they are currently on informal probation.
4. No New Criminal Convictions
   If you have been convicted of another crime after your original conviction, this may affect your eligibility for expungement. If you have any open or unresolved criminal charges, you may need to address those issues before pursuing expungement.
5. Certain Felony Convictions
   While many felonies are eligible for expungement, some serious felonies, such as murder or certain sex offenses, are not eligible. Additionally, three-strike offenses may not be eligible for expungement in some cases.

The Expungement Process in California

The expungement process in California generally involves filing a petition with the court where the original conviction occurred. The petition must include details of your conviction and demonstrate that you meet the eligibility requirements. The following is a step-by-step guide to the expungement process:

1. Determine Eligibility

Before you begin the expungement process, it’s important to verify whether you meet the eligibility criteria. This typically involves reviewing your criminal record and confirming that you’ve completed the terms of your sentence.

2. Obtain Your Criminal Record

In order to file for expungement, you will need a copy of your criminal record. You can request this from the California Department of Justice (DOJ) or your local law enforcement agency. Having a copy of your criminal record will help you determine which convictions are eligible for expungement.

3. File a Petition for Expungement

Once you’ve determined that you are eligible, you will need to file a petition for expungement with the court. This involves completing the necessary paperwork, including forms such as Petition for Dismissal (Form CR-180). The petition should detail the offense(s) you were convicted of, the sentence you served, and any probation or parole requirements.

4. Attend a Court Hearing (If Necessary)

In some cases, a court hearing may be required. The judge will review your petition and consider any arguments from the prosecutor or law enforcement. During the hearing, the judge will evaluate whether you meet the criteria for expungement, such as your completion of probation and rehabilitation efforts.

If a hearing is not required, the court may grant expungement without a formal court appearance. However, in contested cases, it is important to have legal representation to ensure the best possible outcome.

5. Wait for the Court’s Decision

After your petition has been reviewed, the court will make a decision on your request for expungement. If granted, the conviction will be dismissed, and you can legally say that you have not been convicted of the crime.

6. Record Modification

Once expungement is granted, the court will order that your criminal record be modified to reflect the dismissal. This means that the conviction will no longer appear on your criminal background check, and you will be able to answer “no” when asked about prior convictions in most cases.

Benefits of Expungement in California

Having your criminal record expunged can provide several significant benefits, including:

1. Improved Employment Opportunities Many employers conduct criminal background checks as part of their hiring process. With an expunged record, you may have a better chance of securing employment, as your conviction will not appear on background checks (unless the job requires a criminal background check for specific positions, such as law enforcement or certain government jobs).
2. Restoration of Civil Rights Expungement can restore certain civil rights that may have been limited due to a criminal conviction. This includes the ability to vote, serve on a jury, and own a firearm (subject to certain restrictions).
3. Better Housing Opportunities When applying for rental housing, landlords may perform background checks. An expunged conviction may increase your chances of being approved for housing, as many property managers are hesitant to rent to individuals with criminal records.
4. Peace of Mind An expunged record offers peace of mind by allowing individuals to move forward without being constantly reminded of their past mistakes. It can give a person the freedom to pursue new opportunities and lead a more productive, fulfilling life.
5. Improved Reputation Clearing your criminal record can improve your personal reputation and help you reintegrate into society. Expungement gives you the opportunity to move beyond your past and start anew.

Can Expungement Be Denied?

While expungement is a powerful tool for individuals seeking to clear their criminal record, there are instances where expungement may be denied. Common reasons for denial include:

• If you have failed to complete your sentence or have ongoing criminal issues
• If the conviction is for a crime that is ineligible for expungement (such as serious violent felonies)
• If you have not demonstrated rehabilitation or remorse
• If you have been convicted of new crimes after the original offense

In some cases, even if you are denied expungement, you may have options for post-conviction relief or other forms of legal recourse. Consulting with an experienced criminal defense attorney can help you explore these options.

Contact Us For Help

If you are a California resident with a criminal conviction, expungement provides a valuable opportunity to clear your record and restore your future prospects. Whether it’s for employment, housing, or personal peace of mind, expungement can help you move forward with a clean slate. If you believe you are eligible for expungement, it is essential to understand the process and take the necessary steps to file a petition with the court.

If you are seeking to clear your criminal record in California, an experienced attorney can guide you through the expungement process and help maximize your chances of success. Contact our office today at 714-328-6189 to schedule a consultation and take the first step toward a brighter future.