California Expungement Process

In California, you can file for expungement after you have successfully completed probation for your offense. Whether you had informal (summary) probation or formal probation, it’s important that all conditions were met and that you didn’t incur new charges during the probation period.

What Charges Can Be Expunged?

In California, the expungement process allows individuals with past convictions a chance to reintegrate into society without the shadow of their past mistakes. However, not all offenses are eligible for this fresh start.

Misdemeanors

The majority of misdemeanor convictions in California can be expunged, provided the offender has:

• Successfully Completed Probation: Whether it was formal or informal probation, all terms must have been met without any violations.
• No New Criminal Offenses: The individual should not have been charged with another crime during the probation period.
• Completed All Sentences: All jail time, fines, and restitution must have been served or paid in full.

Felonies

Felony charges can be more complicated. Some are eligible for expungement, particularly those where the offender was not sentenced to state prison, or if they were, it would now be a county jail sentence under the state’s realignment program. Successful completion of probation is required, just like with misdemeanors.

However, some felonies, especially violent or serious ones, might not be eligible for expungement. If the crime was punishable by life imprisonment or death, expungement is generally not an option.

Sexual Offenses

California is particularly strict regarding severe sexual offenses, especially those involving minors. Crimes such as rape or sexual acts with children under 14 years old are typically ineligible for expungement. The state’s rationale is to prioritize the protection of potential future victims.

Juvenile Offenses

Juvenile offenses hold a distinct place in the legal system. While adults seek expungement, individuals with juvenile records pursue a process called “sealing.” When a juvenile record is sealed, it’s as if the offense never occurred. This process is beneficial for young adults trying to move past mistakes made during their youth.

How Do I File for Expungement in California?

The expungement process involves several steps:

Determining Eligibility

Before embarking on the expungement journey in California, it’s important to establish your eligibility. The primary requirement is that you’ve successfully completed the entirety of your probation, whether it was informal or formal. Adherence to all the conditions set during probation, without any violations, is vital.

Also, enough time must have lapsed since your conviction. It’s not just about waiting out the probation period; certain offenses have specific waiting times post-probation before you can file for expungement.

Collect Necessary Documentation

Gathering the appropriate documentation is a foundational step in the expungement process. You’ll need:

• Criminal Record Details: This is an overview of your offense, the case number, date of conviction, and the exact code sections you were convicted of violating.
• Probation Details: Records proving you’ve fulfilled all probation requirements, such as attending mandated classes, community service records, and proof of paid fines.
• Other Pertinent Information: Depending on your case, you might also need to provide details of any post-conviction rehabilitation, character references, or other materials to support your case.

File a Petition

Once you’ve gathered all the necessary documentation, the next step is to approach the court. Filing a petition is a formal request to the court to consider expunging your record. The key document here is the “Petition for Dismissal.”

This petition essentially asks the court to reopen your case, set aside the conviction, and dismiss the case as if you were never convicted. It’s important to ensure that the petition is correctly filled out and submitted to the appropriate court – the one where you were convicted.

Attend a Hearing

After submitting your petition, the court may schedule a hearing. Not all expungement requests result in a hearing, but if one is scheduled, it’s necessary to be prepared. During the hearing, a judge will review your petition, the details of your case, and any additional supporting documents or testimonies. Your presence might be required to answer questions or clarify specific details about your petition.

The judge’s decision is based on various factors. These include the nature of your crime, how you’ve conducted yourself post-conviction, and the completeness and accuracy of your documentation.

How Much Does It Cost to Get a Record Expunged?

The cost of expunging a record in California varies. There’s a base filing fee that can range from $60 to $150, depending on the county. However, additional costs might arise if you opt to hire a California attorney or need to gather extensive documentation.

What Does It Mean to Expunge Your Record in California?

Expungement is a legal process in California that allows people with past convictions to effectively clear or “clean” their criminal record under specific conditions. But what does this process truly entail and mean for those seeking it?

A Fresh Start

In simple terms, expungement in California “dismisses” or erases a conviction from your record. It is a significant step for many who are seeking to move past mistakes and begin anew, especially when it comes to personal or professional growth. An expunged record can make it easier for someone to secure housing, apply for a job, or even pursue educational opportunities without the weight of a past conviction.

Navigating Life Post-Expungement

When your record is expunged in California, it means that for most general purposes like job applications, you can legally state you have not been convicted of that particular crime. This is a significant relief for many who fear discrimination or judgment based on past mistakes.

However, an expungement is not a universal eraser. There are some nuances:

• Professional Licenses: If you’re seeking a professional license—like those required for doctors, lawyers, or real estate agents—the licensing board may ask about past convictions, including those that have been expunged. They have a responsibility to ensure the integrity of their profession and might look more deeply into your background.
• Public Office: If you’re running for a public office or taking up certain public roles, your full criminal record, including expunged convictions, may come under scrutiny.
• Subsequent Offenses: In some legal scenarios, an expunged conviction can still be considered a prior offense. This means that if you commit another crime, the courts may consider the expunged conviction when determining penalties or sentences.

A Path Forward

While expungement doesn’t make your conviction entirely invisible, it does offer a clearer path forward. The process acknowledges that people can change, grow, and deserve a second chance. Having the conviction dismissed from your record symbolizes societal trust and allows you to rebuild your life with greater ease.

How Long Is the Expungement Process in California?

The duration of the expungement process can vary. Typically, it takes anywhere from 2 to 6 months, depending on the complexity of the case, the county, and whether there are any contested issues that arise during the process. A California expungement lawyer can help expedite this process.

Do I Need an Attorney to Expunge My Record in California?

While it’s possible to go through the expungement process on your own, having a California expungement lawyer can streamline the process and increase the likelihood of success. An experienced California attorney can guide you through the intricacies of the legal system, ensuring all paperwork is correctly filed and that you’re prepared for any potential court appearances.

Don’t leave your record to chance if you are considering expunging it. Seek legal guidance and representation to maximize your opportunities. Contact a dedicated California expungement lawyer through LegalMatch today and take the first step toward a brighter future.