Expungement in California: Clearing Your Criminal Record

People with criminal records experience many difficulties when managing their daily lives. A criminal record can create substantial obstacles for individuals interested in obtaining a job, renting a home or apartment, or, in some cases, even continuing their education. Eligible individuals in California may seek expungement under state law, which will enable them to eliminate their criminal history records. 

Our Marin County expungement attorney discusses the expungement process, including eligibility requirements and the necessary steps for obtaining a fresh start. 

What Is Expungement?

The “Clean Slate” services that Marin County provides support individuals through the expungement process. Expungement ultimately functions as a legal order that signifies that you have fulfilled your obligation to the criminal justice system and prevents your past criminal record from impeding your future personal opportunities. In short, the legal process of expungement leads to the cancellation of a prior criminal conviction.  

Under the California Penal Code, an expungement releases individuals from many of the penalties and disabilities resulting from a criminal conviction. However, it’s important to note that certain restrictions still apply. For instance, expungement does not:

• Reinstate firearm rights for felony convictions
• Remove the conviction from Department of Justice databases
• Eliminate the requirement to register as a sex offender under Penal Code 290
• Prevent the conviction from being used as a prior offense in future criminal cases

Who Qualifies for Expungement?

Just because you are a California resident does not mean you automatically qualify for expungement. The decision about eligibility depends on multiple factors, including the nature of the offense, the court’s sentence, and the confirmation of full compliance with all court requirements:

1. Completion of Probation: Individuals must have successfully completed their probation period without any violations. This includes meeting all terms of probation, such as payment of fines, restitution, and completion of community service or counseling programs.
2. No Pending Criminal Cases: You must not have any open criminal cases or currently serve a sentence for another offense.
3. Misdemeanor or Certain Felony Convictions: Most misdemeanors and some felonies qualify for expungement. However, certain serious offenses, such as sexual crimes involving minors, are not eligible.
4. Post-Conviction Relief for Felony Offenses: For felony convictions, you may need to have your charge reduced to a misdemeanor under Penal Code Section 17(b) before applying for expungement.
5. Adherence to Deadlines: California law imposes time limits for filing expungement petitions, so it’s important to act promptly.

Benefits of Expungement

Obtaining an expungement can have far-reaching positive effects on your personal and professional life. Here are some key benefits:

• Improved Employment Opportunities: Private employers can’t consider expunged convictions in hiring decisions, increasing your chances of securing a job.
• Enhanced Housing Prospects: Landlords often conduct background checks, and an expungement can make you a more attractive tenant.
• Professional Licensing: Expungement may help obtain or retain professional licenses, though you must disclose expunged convictions in some cases.
• Peace of Mind: Clearing your record can provide a sense of closure and a fresh start.

The Expungement Process in California

The expungement process appears intimidating at first but becomes more manageable when you understand the necessary steps. Here is a breakdown of California’s expungement process:

Step 1: Determine Eligibility

Begin by verifying your eligibility for expungement according to California law. Seek legal advice by contacting a criminal defense attorney to review your case and obtain proper legal guidance.

Step 2: Obtain Case Records

Be sure to gather all documentation related to your criminal record, including all case numbers as well as any relevant dates and charges. The California Department of Justice provides copies of criminal records.

Step 3: File the Petition

Complete and file the appropriate forms, such as:

• CR-180 (Petition for Dismissal)
• CR-181 (Order for Dismissal)

Submit the forms to the court that handled your case. There may be a filing fee, but fee waivers are available for qualified applicants.

Step 4: Notify the District Attorney

The legal process requires you to deliver a copy of your petition to the District Attorney’s office. The prosecution gets an opportunity to challenge the petition if they deem it necessary.

Step 5: Attend the Hearing

Sometimes, the court may schedule a hearing to review your petition. Be prepared to explain why you’re seeking expungement and demonstrate that you’ve rehabilitated yourself.

Step 6: Wait for the Court’s Decision

If the court grants your petition, your conviction will be dismissed, and your record will be updated accordingly. If the court denies the petition, you may have the option to appeal or refile in the future.

Common Misconceptions About Expungement

Despite its benefits, there are many misconceptions surrounding expungement. Here are a few clarifications:

• Expungement Doesn’t Seal Records: Unlike record sealing, expungement doesn’t completely hide your criminal record. However, it shows the case as dismissed, which can be advantageous.
• Expungement Isn’t Automatic: You must actively petition the court to have your conviction dismissed.
• Expungement Doesn’t Apply to All Crimes: Some convictions, such as serious felonies or offenses requiring sex offender registration, are not eligible.
• Expungement and Background Checks: Expunged records may still appear on background checks, but employers are limited in how they can use this information.

Beyond Expungement: Additional Forms of Relief

Expungement represents only one option among multiple post-conviction relief choices in California. Depending on your situation, you may also consider the following:

• Certificate of Rehabilitation: A Certificate of Rehabilitation verifies a person’s rehabilitation, which can reinstate certain civil rights and help them obtain a pardon.
• Governor’s Pardon: The Governor of California grants pardons that provide extra advantages, including potential restoration of firearm rights.
• Record Sealing: Individuals who were arrested but not convicted can seal their records to prevent these arrests from showing up during background checks.

Let Our Expungement Attorney Help

Expungement enables people to leave past errors behind and explore fresh opportunities. Individuals must work hard to clear their records, but the resulting benefits can completely transform their lives. Speak to a qualified expungement attorney to determine your options and begin your journey toward a fresh start. Contact us for immediate assistance.