QUESTIONS & ANSWERS ABOUT EXPUNGEMENTS

WHAT IS AN EXPUNGEMENT?

An expungement is a legal dismissal of your criminal conviction.  Upon a formal petition to the Court, a criminal law judge has the authority to set aside and dismiss your conviction. Thereafter, you are no longer considered convicted of the offense and you are released from the penalties and disabilities of the conviction. Although the conviction is not removed from your criminal record, your record will be updated to reflect that the conviction was dismissed.

WHEN ARE YOU ELIGIBLE FOR AN EXPUNGEMENT?

Under California Penal Code Sections 1203.4 & 1203.4a you are eligible to expunge your record if you were found guilty of a criminal offense (either by entering a guilty plea or through a trial verdict) and you were not sent to state prison.  You must meet the following criteria:

  1. You must be off probation
  2. You must not be currently charged with a new crime
  3. You must not be currently incarcerated or serving a sentence for any offense

If you received probation for the conviction, you must also have:

  1. Successfully completed probation, which means
    1. You were not found in violation
    2. You have not committed any new crimes during the probation period
    3. You have paid all restitution, reimbursements, fines, and fees
  2. If you are on probation, you may be eligible to seek early termination

If you never received probation for the conviction:

  1. The conviction is eligible if it was a misdemeanor or a non-vehicle code infraction
  2. You have served the sentence of the court
  3. You have waited at least 1 year since the date you were convicted
  4. You have obeyed the laws of the land and lived an honest and upright life since the date of your conviction

CONVICTIONS NOT ELIGIBLE FOR EXPUNGEMENT

There are certain criminal convictions that cannot be expunged in California.  If you were convicted of any of the following offenses, you are not eligible for a dismissal:

  • Any offense where you were sent to state prison
  • Serious sex crimes committed against children including:

Penal Code Section 286(c) Sodomy
Penal Code Section 288 Lewd or Lascivious Acts
Penal Code Section 288a (c) Oral Copulation
Penal Code Section 288.5 Continuous Sexual Abuse of a Child
Penal Code Section 289 (j) Forcible Acts of Sexual Penetration

  • Any felony under Penal Code Section 261.5(d)
  • Any misdemeanor under Vehicle Code Section 42002.1
  • Any infraction within the provisions of Vehicle Code Section 42001

 

WHAT EXPUNGEMENT WILL DO FOR YOU

An expungement under Penal Code Sections 1203.4 and 1203.4a will not destroy your criminal record, however your record will be updated to reflect that the Court granted you a legal dismissal of your conviction.  An expungement will help you:

  • Secure better employment
  • Acquire a professional license in California
  • Resolve certain issues related to immigration
  • Apply for housing
  • Apply for credit and loans

 

WHAT EXPUNGEMENT WILL NOT DO FOR YOU

Expungement of a criminal record does not:

  • Reinstate the right to own a firearm
  • Overturn a suspended or revoked license in California
  • Remove your duty to register as a sex offender under Penal Code Section 290.  Your status as a registered sex offender will be available to the public on the Internet under Megan’s Law.
  • Allow you to hide the conviction from applications for government related licenses and employment positions
  • Prevent the dismissed conviction from being used as a “prior” to increase punishment if you are prosecuted for another offense
  • Prevent the U.S. government from considering the conviction for immigration purposes
  • Automatically reinstate your driver’s license if your driver’s license was suspended as a result of your case
  • Allow you to hold public office if your conviction prohibited you from holding public office
  • Prevent your record from being inspected by the public as your court file remains a public record

Contact us today to learn more.