Expungement of a criminal record in California can be a transformative process for those who qualify, allowing for a new lease on life. However, it is a process often shrouded in complexity and uncertainty. To shed some light on the matter, we’ve compiled a list of common questions with straightforward answers to help you navigate the expungement process more effectively.
What is expungement?
Expungement is a legal procedure that ‘cleans’ your criminal record, essentially dismissing the conviction. In California, this is outlined under Penal Code 1203.4. While the record is not completely erased, it is updated to reflect that the conviction has been dismissed, improving the individual’s chances of securing employment, housing, and other opportunities.
Who is eligible for expungement?
Generally, you can qualify for expungement in California if you:
- Have completed probation for the offense.
- Have paid all fines, restitution, and reimbursements ordered as part of your sentence.
- Are not currently charged with a criminal offense, on probation for a criminal offense, or serving a sentence for a criminal offense.
Certain serious crimes, particularly most sexual offenses involving minors, are not eligible for expungement.
Can I expunge a felony conviction?
Yes, most felony convictions that did not result in state prison time (under California’s realignment program) are eligible for expungement. If the felony is reducible to a misdemeanor under the law (wobbler offenses), that action might also be taken within the expungement process.
Does expungement erase all my criminal records?
No, expungement does not erase the conviction; rather, the record is altered to show that the conviction has been dismissed. The record still exists and can be accessed in certain situations—like when you apply for a professional state license or a public job.
How do I apply for expungement?
To apply for expungement, you must file a petition in the court where you were convicted. The process typically requires completing forms, paying a fee, and providing clear reasons why the expungement should be granted.
How long does the expungement process take?
The process can vary depending on the complexity of the case, how busy the court is, and whether a hearing is necessary. On average, it can take anywhere from three to six months from the time you file your petition to the time your expungement is granted.
Can employers ask about my expunged conviction?
In California, private employers cannot ask you about any conviction that has been expunged. Public employers and state licensing agencies can ask, and you will have to disclose that a conviction was dismissed under Penal Code 1203.4.
Does expungement affect my right to own a firearm?
An expungement does not restore your gun rights. If your conviction involved the loss of the right to possess or own a firearm, that right may remain restricted even after an expungement.
Can my expunged conviction be used against me in future prosecutions?
Yes, if you are prosecuted for a new crime, the expunged conviction can be used as a prior offense to increase sentencing and for certain other legal determinations.
Will expungement help with immigration status?
Expungement does not necessarily protect you in immigration proceedings. Expunged convictions can still be considered by immigration authorities, especially for deportable or inadmissible offenses.
Contact Attorney Caryn Warren for Help!
Understanding the expungement process in California is the first step towards clearing your record and moving forward with your life. While expungement can open many doors, it’s important to have a realistic view of its limitations and benefits. If you believe you are eligible, consider consulting with a legal professional who can guide you through the process and increase your chances of a successful outcome.
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