An individual may be able to expunge or delete a record of a felony conviction under certain circumstances. The basic requirements for felony expungement are as follows:
- An individual has completed any term of probation to which they were sentenced.
- An individual was not incarcerated for any period of time in state prison as punishment for the offense they want to expunge.
- An individual was incarcerated in a state prison but would not have served time in state prison, if they had been convicted after passage of Proposition 47, the “Safe Neighborhoods and Schools Act,” in 2014.
Criminal records are public records. This means that anyone can view them even after expungement. To avoid this, a person must seek to have their criminal record sealed, which is a different process. Among those who can access criminal records are the following:
- Prospective employers
- Landlords
- Licensing agencies.
In California, when a record is expunged, a guilty plea, a plea of no-contest or a verdict of guilty after a trial is set aside by a judge. The defendant then enters a plea of “not guilty,” and the judge dismisses the case.
After a court has granted an expungement, an individual may legally answer “no” to a question about whether they have a criminal record unless one of the following is true:
- The individual applies to become a peace officer.
- The individual runs for public office.
- The individual applies to work at the California Lottery Commission.
- The individual applies for a state license.
A local California lawyer would be able to explain the different processes that may be used for criminal records and when an individual would make use of each of them.
As of 2023, in California, there is a new form of treatment for criminal records referred to as “relief.” Under this new law, most felony convictions are automatically cleared from an individual’s record 4 years after their case ends. There are other provisions to this law that may affect an individual’s situation. They should consult with an attorney to learn about the details.
What Factors Influence Felony Expungement?
The nature of the offense, e.g. whether it was considered serious or involved violence, is a major factor in expunging a conviction in California. A conviction cannot be expunged if the perpetrator has another open criminal case at the time they seek expungement. A conviction also cannot be expunged if the perpetrator was convicted for a serious offense, a violent offense, or a sex crime.
In addition, certain offenses cannot be expunged, as explained in detail below.
If an individual is unable to get a felony record expunged, they might pursue a certificate of rehabilitation, a governor’s pardon, or sentence commutation.
Which Felonies Can Be Expunged?
In California, an individual may generally expunge felony convictions for which they were not sentenced to state prison time. If someone served time in a county jail, rather than state prison, they would be able to expunge the conviction.
In addition, the felony must not be an especially serious one, involve violence, or be a sex offense.
There is an exception based on the Proposition 47 Realignment law that was passed in 2014. If, after the passage of this law, an individual would have been sentenced to county jail rather than state prison, they might be able to have their conviction expunged. The reason for this is the fact that the law reclassified certain felony offenses as misdemeanors.
Criminal offenders who commit certain drug and property crimes that are not among the most serious and do not involve violence may be sentenced to less severe punishment.
Certain criminal offenses are not eligible to be expunged in California, for example, serious sex offenses, especially if the victims are children. So, for example, the following offenses cannot be expunged:
Under California law, convictions for these and other offenses that are equally severe can never be expunged from the defendant’s criminal record.
What Is the Process for Expunging a Felony?
The expungement process is usually not automatic. An individual needs to file a petition asking for expungement in a court. The petitioner has to prove in court that their felony offense is eligible for expungement.
In California, most felony convictions that can be expunged and are based on California state criminal law are sealed automatically 4 years after the case ends. In addition, all arrests for felony criminal offenses, which do not result in an actual charge are sealed after 3 years. Plus an individual cannot be denied a teaching credential for an expunged conviction for a drug possession that is more than 5 years old.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
There are a number of clear and specific benefits to expunging a criminal conviction in California, as follows:
- An employer may not discriminate against a job applicant based on a conviction that has been expunged.
- It is easier to get a state professional license.
- In some cases, expungement may help an immigrant avoid certain negative immigration consequences, e.g., deportation.
- An individual may be able to travel to Canada, which they may not have been able to do with a criminal record that includes felony convictions.
The effect of expungement depends on the purpose for which an individual wants to expunge their conviction. The process can take several months, so a person would want to start the process several months before they take whatever step they want to take without having to report their conviction. For example, an individual may wish to start a few months before starting a search for a new job or looking for a new residence.
Some people want to restore their right to possess a firearm because both federal and California law prohibit people who have been convicted of felonies from having firearms. There are 2 possible ways to restore one’s right to possess a firearm.
- A felony charge can be reduced to a misdemeanor. However, even some misdemeanor convictions still prevent the perpetrator from possessing firearms.
- An individual can obtain a pardon from the governor of California.
Some offenders who have been convicted of sex offenses are, therefore, required to register as a sex offender. Anyone convicted of a crime requiring sex offender registration is assigned to a tier. The tier determines for how long the individual must continue to register. At the end of the period, an individual may ask a court for relief from the need to require. The tiers are as follows:
- Tier 1 requires registration for 10 years.
- Tier 2 requires registration for 20 years.
- Tier 3 requires registration for 20 years if it is based only on the risk level the individual presents. If not, then tier 3 requires lifetime registration.
Which Felonies Are Not Eligible for Expungement?
As noted above, felonies that are especially serious or involved violence may not be expunged. In addition, sex offenses, especially if the victim was a child, may not be expunged.
However, expunging a criminal record also depends on the status of the individual who seeks expungement. The individual who seeks expungement must meet the following requirements:
- They must have successfully completed any term of probation to which they have been sentenced. This also applies to misdemeanor criminal offenses.
- They must not have any current criminal charges against them pending.
- They must not be serving a term of probation for any criminal offense.
- They cannot be on probation or serving any other sentence of punishment for another criminal offense.
As noted above, an individual seeking expungement must have successfully completed any sentence of probation completely or have been awarded early termination of any term of probation they did not complete in full.
So, whether a felony conviction is expunged depends on a combination of factors relating to the defendant and the nature of the crime they want to expunge.
Do I Need an Attorney for Help With Felony Expungement?
If you have a criminal record that includes felonies, you have a number of options for avoiding the negative impact it can have on your life. LegalMatch.com can quickly connect you to a California expungement lawyer who can review your record and tell you about the options you have and how to get relief from the negative effects a criminal record can bring.
