A criminal record in California can create barriers to employment, housing, and personal growth. Fortunately, criminal expungement allows you to clear certain convictions from your record. This guide covers everything you need to know about expunging a criminal record in California, including the process, eligibility, benefits, and frequently asked questions.
What is Criminal Expungement in California?
Criminal expungement in California refers to the legal process where a person petitions the court to dismiss their criminal conviction. Under California Penal Code § 1203.4, individuals who have completed their probation or sentence can seek expungement to remove their conviction from public records, making it easier to secure employment and other opportunities. However, expungement does not erase the conviction itself—it only changes the status of the case, making it appear as if the case was dismissed.
Who is Eligible for Criminal Expungement in California?
To qualify for criminal expungement in California, there are specific eligibility requirements that must be met:
Completion of Sentence
The individual must have completed their entire sentence, including probation, parole, fines, community service, or other court-imposed penalties. Successful completion of probation or sentence is crucial to expungement eligibility.
No Pending Charges
To be eligible for criminal expungement in California, the individual must not have any pending criminal charges and must not be on probation or parole at the time of the application.
Offenses Not Eligible for Expungement
Not all offenses are eligible for expungement under California law. For example, serious felonies like murder, sex crimes involving minors, and certain violent crimes are ineligible for expungement. However, most misdemeanors and some felonies can be eligible.
State Prison Sentences
Individuals who have served time in state prison may still be eligible for criminal expungement under recent legislation, such as Senate Bill 731, which allows individuals convicted of certain felonies to apply for expungement if at least two years have passed since completing their sentence.
How to Expunge a Criminal Record in California
The process of expunging a criminal record in California involves several steps. While hiring an attorney is not mandatory, having legal assistance can simplify the process and improve your chances of success.
Step 1: Obtain a Copy of Your Criminal Record
Before you can file for criminal expungement in California, you must obtain a copy of your criminal record from the California Department of Justice or local law enforcement. This is important to ensure that the information on your record is correct and to identify the convictions you wish to expunge.
Step 2: Complete the Required Forms
To petition for criminal expungement, you must complete the Petition for Dismissal (Form CR-180). Additional forms, such as a Motion to Terminate Probation, may be required depending on your case.
Step 3: File Your Petition with the Court
Once the necessary forms are completed, file them with the Superior Court in the county where the conviction occurred. Filing fees may apply, but fee waivers are available for those who qualify.
Step 4: Attend a Hearing (If Necessary)
Sometimes, the court will schedule a hearing to review your petition for criminal expungement. The judge will consider factors such as your rehabilitation efforts and the nature of the offense. If the judge is satisfied with your petition, they will grant expungement and dismiss the conviction.
Recent Legal Changes to Expungement in California
California has recently expanded eligibility for criminal expungement under new laws:
Senate Bill 731 (2023)
Under Senate Bill 731, individuals convicted of certain felonies and sentenced to state prison may petition for criminal expungement if they meet specific criteria and have completed at least two years of their sentence.
Proposition 47
Proposition 47 allows individuals convicted of nonviolent felonies, such as drug possession or theft offenses, to petition to have their charges reduced to misdemeanors and subsequently expunged from their records.
The Benefits of Expungement
Clearing your criminal record through expungement offers several benefits:
Employment Opportunities
Having a clean criminal record can significantly improve your chances of securing employment. Many employers hesitate to hire individuals with criminal convictions, but expungement can help remove that obstacle.
Restoration of Rights
Expungement can restore certain rights that may have been lost due to a conviction, such as the ability to serve on a jury, own firearms, or vote (in some instances).
Improved Social and Mental Well-being
Expunging your criminal record can help restore self-esteem and improve relationships that may have been strained due to past legal issues.
Limitations of Expungement
While criminal expungement offers many benefits, there are limitations:
Conviction Remains on Record
Although expungement dismisses the conviction, it does not erase it from your criminal record entirely. Some government agencies and employers may still have access to your criminal history.
Serious Crimes Are Ineligible
Certain serious crimes, especially those involving minors or violent offenses, are not eligible for expungement.
Federal Offenses
California’s criminal expungement laws apply only to state convictions; federal offenses cannot be expunged under California state law.
Frequently Asked Questions About Criminal Expungement in California
How Long Does the Expungement Process Take?
The expungement process can take several months, typically between three and six months, depending on the complexity of the case and the county’s processing times.
Can I Expunge a State Prison Sentence?
Yes, individuals sentenced to state prison for certain felonies may be eligible for criminal expungement under Senate Bill 731 if two years have passed since the completion of their sentence.
What Happens After Expungement?
Once a conviction is expunged, it is dismissed, and the individual can legally state that they have no criminal conviction for that offense. However, the sentence still exists in the record, but it will be marked as “dismissed.”
Can I Expunge Multiple Convictions?
Yes, if you have more than one conviction that meets the eligibility criteria, you can petition for expungement for each sentence separately.
Conclusion
Expunging a criminal record in California can provide individuals with a fresh start, offering a chance to overcome past mistakes and pursue new opportunities. Understanding the eligibility criteria, the steps involved, and the limitations of expungement is crucial for anyone looking to clean their record. If you qualify for expungement, consulting with a legal professional can help ensure a smoother process and increase your chances of success.
For more information about criminal expungement and related legal services, visit Anshin Notary.
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