Committing an offense can attract several consequences, some with far-reaching effects. Sometimes, an offense you committed long ago can dictate your future. You will have a criminal record that people will access when you are charged with an offense, which can negatively impact your future. Fortunately, the law allows you to petition the court to have your criminal record expunged, offering you a clean slate.

Expungement means a guilty plea or conviction on your criminal record is withdrawn. Courts are allowed under California law to grant expungement, but not all offenses qualify for expungement. You should seek the services of a skilled criminal defense attorney when you face conviction or charges for a crime. An attorney can help you understand the impact of a criminal record and why you should expunge it.

An Expungement Explained

An expungement is a legal process that erases or removes certain charges. You can qualify to have your criminal record expunged under Penal Code 1203.4, whether you have a felony or a misdemeanor conviction. This can happen if you meet the sentencing and probation conditions. Your case will be reopened, and your guilty verdict or plea will be set aside, and the charges dropped if you have your conviction expunged.

Expungement relieves you from all the disabilities and penalties imposed by the conviction under Penal Code 1203.4. Your criminal record will not be fully erased from public view. An expungement will only change the record to read “dropped in the interests of justice.”

Understanding Your Charges

Not every defendant facing misdemeanor or felony charges can qualify for an expungement. Details of your charges could alter the circumstances of your filing process. You should first understand the details of your case before filing an expungement. This will help you establish whether you qualify for an expungement. Your criminal defense attorney can guide you in the following procedure:

Request For Copies Of Your Criminal Records

All crucial details required should be included in the court papers you were given during your conviction. You can secure copies of your records from the court where you were convicted, your attorney, or through your parole or probation officer. These copies can be obtained by visiting the California State Department of Justice Criminal Record Review Unit or the Office of the Attorney General website.

You will be charged a small fee to access your records. The State Department of Justice Criminal Record Review Unit will charge you $25, but you can be granted a fee waiver if you provide proof of low income. Unfortunately, it will take some weeks for the records and papers to reach the mail.

Find Out If You Qualify For Expungement

An expungement will only be granted if you meet the following threshold:

  • If the court had imposed probation, you completed the probation or sought an early probation termination

  • The state court convicted you, not the federal court

  • You completed your jail term and all of its requirements, including community service and other programs

  • There are no pending court-ordered fines

  • You have successfully served probation or secured an early termination of probation

  • You did not serve your sentence in a state prison

  • You are not currently serving a jail term for a criminal offense

  • You are not currently facing any criminal charges

  • You have a misdemeanor or felony conviction

You can still qualify even if you do not meet some of the abovementioned requirements. The judge has discretion to expunge your records if you meet the following requirements:

  • The court convicted you of a misdemeanor for solicitation or prostitution, and you have successfully finished probation, or you can prove that your conviction resulted from human trafficking in which you were a victim.

  • Your felony was reduced to a misdemeanor.

  • You were a member of the United States military and suffered mental health or other trauma or injury-related issues as a result of your service.

  • The court convicted you of a felony and sentenced you to a jail term in a county jail, and two years have passed since you finished your jail term.

  • Even with probation violations, you may qualify if you've paid restitution, completed some terms, are not on probation, and have no new charges.

You can only qualify for an expungement if you face a felony that can be charged as a misdemeanor. This type of charge is also known as a ‘’wobbler’’ or one that can be reduced.

Your criminal record cannot be expunged if you meet the following threshold:

  • You were convicted of certain sex crimes involving minors

  • You are currently facing charges, serving a jail term, or serving probation for another criminal offense

  • You are currently on probation and are unable to have your probation terminated early

  • You served a jail term in a state prison

  • You were convicted in a federal court

Understand The Details Of Your Charges

If you are facing several charges, you should understand the following details for each one:

  • The docket or case number

  • Whether there was a verdict

  • Whether you entered a plea and the type of plea you entered ‘’no contest’’ or ‘’guilty’’

  • The details of your sentence, including whether you were sentenced to serve a jail term in a state prison, and the name of the prison. You should also know your release date, whether on parole, and when your parole will end.

Understand The Status Of Your Probation

You can be eligible for expungement if you have never been on probation or have successfully finished probation. If you are still serving probation, you can only request an expungement if your probation is terminated. You can petition the court to have your probation terminated. It is upon the discretion of the judge to terminate probation. The court will schedule a hearing after considering the following issues:

  • Individuals you support, your connection with the community, and any volunteer work you have done

  • Why your probation should be terminated, including your conduct while on probation

  • Your ability to get a job if your probation is terminated

  • Your criminal history

  • Your conviction and its severity

The law allows you to apply for expungement if you have violated the terms of your probation. You can still attend a hearing to establish whether your probation will be terminated.

The Procedure Of Filing An Expungement

The following are the steps you should take to file for an expungement:

Hire An Experienced Criminal Defense Attorney

There is a high chance that your petition will go through if you seek the services of an attorney. A skilled and experienced criminal attorney understands criminal law and will help you complete all the crucial requirements.

Secure And Complete Forms

You will first need to establish which forms you need. You must file a petition to ‘’Dismiss a Misdemeanor’’ under PC 1203.4 if you want to expunge a misdemeanor charge and have completed probation.

You can also file a petition for dismissal if your Motion to Terminate Probation is rejected. The ‘’Petition for Dismissal’’ form can be accessed at the courthouse in your jurisdiction. If the form is unavailable, you can also write your petition with the attorney’s assistance. On the other hand, a felony should be reduced to a lesser crime if you are looking to expunge it. You can petition the court to have wobbler charges reduced.

For other felonies, you must fill out a form under Penal Code 17(b)(3) to petition the court to have them reduced. This form is easily accessible at the courthouse. With the help of an attorney, you can create your form if this form is unavailable.

You can petition to dismiss a misdemeanor under PC 1203.4 once your felony has been reduced to a misdemeanor. You require one copy of each form for each charge. Ask your attorney or the court if you must submit extra photocopies of the forms. Attach all the documents to the forms when you submit them to the court. Documents like proof of completing your community service and character references can help strengthen your petition.

File For Expungement

You can file for expungement after completing all necessary paperwork for your charges. It will take four to five months to complete the expungement of a felony. The petitions are often heard in the order of their filing. You should file the forms at the court in the county where you were convicted.

You must deliver the forms in person or through mail to the court clerk, petitions to reduce a felony to a misdemeanor, and petitions to terminate probation. Consult if you can file your petition with the probation department or the district attorney. The cost for filing the petition differs by county and based on whether the crime is a misdemeanor or felony. The cost of petitioning a felony in some counties can be twice as much as a petition to drop a misdemeanor. You can access the applicable amount on the court website. If you cannot pay the fees, financial assistance is available through the county. The judge will schedule a hearing once you have filed the forms and petition.

Meeting Your Criminal Attorney To Prepare For Your Hearing

You can appear in court in person for your hearing or be represented by your attorney. Your criminal defense attorney will help you prepare for the expungement hearing. The reason for rejecting your expungement petition will be tabled during the hearing. You should be prepared to challenge any allegation to defend your petition. Provide any evidence relevant to your charges and prepare a statement to present to the court. Present the copies of your statement and all documentation.

Attend Expungement Hearing

The judge will hold the hearing without the jury. An expungement hearing is often brief. Behave appropriately and be punctual in court for your hearing. The judge will consider your qualification for expungement during the hearing based on the following:

  • Community service and community involvement

  • Your ability to secure and hold a job

  • Whether you have any additional convictions

  • The status of your parole

  • Your charges

If Your Petition Is Accepted

The superior court will serve you with a signed order showing the dismissal of your case and conviction. The public can access your record after expungement unless your record is sealed. Unless you are running for public office or applying for a license, you are not required to respond ‘’yes’’ if you have a conviction or criminal record.

If Your Petition Is Rejected

You can ask the court why your petition was rejected and what you need to do to get your petition processed. You can refile your petition six months after it is rejected and after you have made the required changes.

Benefits Of An Expungement

Most entities will not see or view documents related to your prior conviction when the judge grants you expungement of your criminal records. However, the police can still view your records. The common benefits related to expungement include:

Maintain Your Reputation

Your reputation is vital, and most people take pride in maintaining a good image in the community. Knowing you have a criminal record, you will not feel confident in the community. Expunging your record will allow you to continue developing and protecting your reputation. This can help you forget your criminal records and begin a new life.

You Can Adopt A Child

A criminal record can significantly affect your journey to adopt a child. For example, a criminal record could hinder you from adopting a child if you have a conviction for a lewd act with a minor or a sexual offense against an adult. Other past convictions can also affect you. However, you will be eligible to grow your family by adopting different children if your past criminal record is expunged. Consult your criminal attorney on the effects of criminal records on child adoption and learn from your mistakes early.

School Application

Most educational institutions will conduct a background check to investigate your criminal record when applying for trade school, college, or university. Employment rules prohibit employers from holding a conviction against employees after expunging the record. On the other hand, schools and learning institutions are not barred from considering your criminal record.

You should answer ‘’yes’’ even after your record expungement when the admission office asks you if you have ever been convicted of an offense. However, expunging your criminal record will greatly help increase your chances of admission.

You Will Be Free To Travel Internationally

Even a minor offense can restrict you from traveling around the world. A criminal record can follow you wherever you go. The law can prevent traveling to foreign countries if you have a prior record. Convictions like felony drug offenses could lead to the revocation of your passport.

Entering various countries will be challenging if you are convicted of DUI. For example, you can face felony charges if you are accused of DUI in Canada, and you will not be allowed to drive. You can only enter the country if your prior conviction is expunged. Research ahead of your travel because every country handles its criminal offenses differently.

Professional Association or Organizations

Experts are often happy and willing to join professional organizations. However, most professional associations or organizations will carry out a background check before you join them. It would be challenging to join a professional organization without a criminal conviction. Expunging your criminal record will minimize the effect of your criminal record since no record will show up on your background search. Your expunged record will not appear in the database if the company conducts a background check.

Personal Satisfaction

You can commit a crime, but still live a crime-free life. You will experience a significant sense of relief if you secure an expungement. An expungement does not erase your past, but it helps bring redemption from an offense you committed and helps you start a new life. It is challenging to live a life full of doubts because of your previous crime. Consult your criminal defense attorney to help you expunge your record and have a new chapter in your life.

Securing Professional State Licenses

Depending on your career interest, a criminal record can stop you from achieving your goals. Before practicing, you require a license if you are a medical professional or a legal expert. Other positions that require licenses include private investigators and delivery drivers. After expunging a criminal record, obtaining a professional license becomes easier.

Find a Committed Expungement Attorney Near Me

Carrying the weight of a conviction throughout your life can be distressing and could deny you many opportunities in life. The good news is that with the help of an attorney, you do not have to bear the load and stigma of a conviction.

At the California Criminal Lawyer Group, we have dedicated attorneys who can help you file a petition to expunge your criminal record. We have helped many people clear their criminal records and can do the same for you. Our attorneys will handle every step of the process, from gathering the required documents to filing the petition and representing you at the expungement hearing. Contact us today at 408-622-0204 to speak to one of our attorneys.