Expungement

What is Expungement?

Expungement, under California law, is a legal process that allows individuals to have a criminal conviction dismissed from their record. It’s governed by California Penal Code Section 1203.4 and gives a second chance to people who have successfully completed the terms of their sentence, including probation, and other requirements.

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In order for a conviction to be expunged, the court needs to reopen the case, withdraw the guilty plea or conviction, and mark it as dismissed. However, expungement does not erase the record entirely. Instead, the conviction is updated to show it has been dismissed. This provides significant benefits such as relief from some of the social and professional consequences of having a criminal record.  Once your conviction is expunged, you can tell those who ask that you have not been convicted of the crime.  The offense is still priorable even if it has been expunged from your record. 

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Eligibility for Expungement

Eligibility for expungement is determined by the nature of the crime and whether the individual has successfully completed their sentence. To be eligible for expungement under California law, several criteria must be met:

• Completion of Sentence: The individual must have successfully completed all terms of their sentence, including probation, community service, and paid any fines ordered by the court. There is a misunderstanding out there that lends a person to believe that they are not permitted to have a DUI expunged until it has been ten years after the conviction.  This is just not true.  Once you have completed probation, you can have the conviction expunged.
• Type of Conviction: Certain offenses are eligible for expungement, including misdemeanors and felonies that did not have prison time. However, there are exceptions, such as convictions for serious crimes like murder, certain sex offenses, and some specific driving under the influence (DUI) cases.
• No Pending Charges: The individual must not currently be facing any criminal charges or have any pending legal issues.

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Clean Slate Act of 2020

In 2020, the California legislature and the governor signed the Clean Slate Act.  This law makes the expungement of a conviction automatic as long as you successfully complete probation.  The concept is that California does not want a misdemeanor conviction to prevent the person from future career advancement or job opportunities.  

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The law directs the Department of Justice to evaluate all matters throughout the state that have successfully completed probation each month and notify the prosecuting agency, the arresting agency and the court that the matter will be expunged automatically unless the prosecutor or arresting agency objects.  If they object, the court will set the expungement for a hearing and notify the parties.  Otherwise if there is no objection, then the conviction is automatically expunged from the record.  Anyone convicted of a misdemeanor or a felony that did not result in a sentence to state prison will automatically have their conviction expunged within four months of completing probation.  If the conviction does not get expunged automatically though this process, may still be able to formally request an expungement and be able to present to the Court why granting the expungement is in the interest of justice.  

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The Expungement Process

After individuals confirm that they meet the eligibility requirements, they can begin the expungement process detailed below: 

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Petition Preparation: The first step involves preparing and filing a petition for dismissal (CR-180)  with the court that handled the original conviction. This petition must include detailed information about the conviction, completion of the sentence, and the reasons for seeking expungement. The district attorney and probation department will also be notified of your petition.

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Court Hearing: After the petition is filed, a court hearing is scheduled. During this hearing, the judge reviews the petition and considers whether the individual meets the eligibility criteria. The petitioner may need to provide evidence or a testimony to support their request.

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Court Decision: If the court grants the petition, the case is effectively dismissed, and the conviction will be updated on the criminal record to show that it has been expunged. While the conviction is not entirely erased, this dismissal provides individuals the ability to not have to disclose the conviction in most situations, such as job applications.

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Benefits of Expungement

Expungement provides several significant benefits:

• Employment Opportunities:  Expungement lets individuals legally state that they have not been convicted of a crime on most job, housing, and professional license applications, significantly improving their employment and housing opportunities. 
• Restoration of Rights: Expungement can restore certain rights, such as the ability to serve on a jury or apply for professional licenses, which might otherwise be restricted.
• Improved Quality of Life: Expungement can reduce the stigma associated with a criminal conviction and provide individuals with a fresh start, enabling them to reintegrate into society more fully.

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What Expungement Does Not Do

It’s important to understand that while expungement offers several advantages, it does not completely erase the conviction from all records. Expungement does not:

• Restore your right to own or possess firearms.
• Prevent the conviction from being used as a prior conviction if you are charged with a new crime.
• Remove your requirement to register as a sex offender (if applicable).
• Prevent federal immigration consequences in some cases.
• Remove a DUI conviction from the driving record.

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Role of Legal Assistance

The expungement process can be complex, and professional legal assistance can be invaluable in navigating the ins and outs of having the case dismissed and updating the criminal records. An experienced attorney can help ensure that the petition is properly prepared and filed, assist with gathering necessary documentation, and represent the individual in court to enhance the likelihood of a favorable outcome.