A criminal record is a huge deal.
Having it can make things much more difficult – from finding a job to getting an apartment, or simply moving on with your life.
Fortunately, it doesn’t have to be a life sentence hovering over you forever, as California law allows many people to expunge or seal their criminal records, effectively giving them a fresh start.
Understanding if you’re eligible to get your criminal record expunged in California is the first step towards clearing it. In this article, we will explore what expungement means, who qualifies for it, and how the whole process works under California Penal Code §1203.4 and related statutes.
What Is an Expungement?
An expungement in California allows someone who has completed probation, or served a jail sentence, to withdraw a guilty plea or set aside a conviction.
Once this is granted, the case gets dismissed in court, and what shows on the record is that the conviction was “dismissed in the interests of justice.” The key benefits of this are:
- The conviction can no longer be used against you by employers or landlords.
- Some exceptions aside, when asked if you have been convicted of a crime, you can legally say “no.”
It’s important to remember that expungement doesn’t completely erase the record. Rather, it updates it to reflect a dismissed conviction.
Who Qualifies for Expungement in California?
Whether you’re eligible will depend on the type of conviction, and also whether a sentence has been completed. You may typically qualify if:
- Your conviction is of a misdemeanor or a felony, and probation is successfully completed.
- You didn’t serve time in state prison (only county jail).
- You’re not currently being charged with another offense, or serving a sentence for one, or on probation for one.
You will not be eligible if:
- You have been convicted of certain serious sex offenses under Penal Code §290.
- You have served time in state prison – although in this case, record sealing may apply under Penal Code §1203.41.
Expungement vs. Record Sealing vs. Pardon
You must understand the differences between the three, so that you choose the right path ahead.
- Expungement is what dismisses convictions after jail time or after probation, and in doing so it updates your record.
- Record sealing is relevant to arrests or cases that never made it to getting convicted, and in this case the record is sealed, as if it never happened.
- Certificate of Rehabilitation or Governor’s Pardon is typically used for prison cases, or for more serious offenses, and it is seen as a step toward restoring civil rights.
Each of these options will have different criteria when it comes to eligibility and will affect background checks differently.
How to Apply for Expungement
The expungement process in California involves the following key steps:
- Determine if you’re eligible under California law.
- Then, file a petition for dismissal (called Form CR-180) in the same court where the conviction happened.
- Inform the district attorney or probation department.
- If necessary, attend a hearing.
- Finally, you will receive a court order which will grant or deny the expungement.
This is where working with an experienced California expungement attorney can help you. They will ensure that all paperwork is correct, and that you’re meeting all your deadlines, which will increase your chances of being approved.
What an Expungement Can and Cannot Do
Getting an expungement can make certain aspects of your life easier, such as employment and housing opportunities, as well as prevent employers from using the conviction against you.
However, what it cannot do is restore gun rights – there is a separate process for that. It also cannot remove your name from sex offender registration lists or prevent your conviction from being used as a prior offense in any cases in the future.
Why You Should Seek Legal Help
Expungement is a daunting process, and it’s difficult to navigate criteria for eligibility, as the rules for that vary depending on your case history.
A Modesto criminal defense attorney can review your record and determine if you’re eligible, file petitions accurately, and act on your behalf in court if needed.
Receiving legal guidance is what ensures you get the best chances at clearing your record.
If it’s time to leave your past behind and start fresh, contact Scott Mitchell Law today.
Our seasoned criminal defense attorneys work with clients like you every day. We will guide you through the process from start to finish and ensure you can move forward in life with confidence. Let’s work together for the future you deserve.