How to Expunge Fraud Charge in CA: A Guide

Getting a case dismissed can be a daunting task. When the conviction occurred, the at-fault party was focused solely on completing the jail sentence and doing everything correctly. However, they rarely realize that those criminal records stay with them forever unless they can get them expunged.

Many people wonder how to expunge a fraud charge in CA. Before beginning the dismissal process for the case, it's important to know what the term means and how to do it.

What Is an Expungement?

California law offers a legal process to reduce or remove a person's criminal convictions for some offenses.

According to California Penal Code Section 1203.4, those with convictions for certain misdemeanors and felonies could have them expunged if they meet additional probation/sentencing requirements. If the petition is successful, the court can reopen the case, set aside the guilty plea (or the jury's verdict), and, as explained by this criminal defense lawyer in Sacramento, dismiss everything.

Still, expungement doesn't completely remove the conviction from the person's criminal record. Instead, it alters it to show that everything was dismissed by the court "in the interests of justice."

Understand the Case

Penal Code 1203.4 has specific exclusions that will limit one's ability to choose this process. The exact circumstances of the case ultimately determine if they can seek expungement.

Before attempting the process, it's important to understand the details of the case to see if expungement is suitable. Since most people aren't legal experts, an attorney will help them determine if the court may reconsider the verdict.

Step 1: Get Copies of Those Criminal Records

At the time of the conviction, the person received papers with relevant information. Law enforcement agencies, probation officers, the Superior Court, and the attorney can help them get copies of those criminal records.

Sometimes, criminal records aren't free. For example, the Criminal Record Review Unit will often charge $25. However, if one can provide proof of a limited income, a waiver might be approved.

Step 2: Determine Eligibility Requirements for Expungement (Complete the County Jail Sentence, Etc.)

If the person meets all of the criteria listed below, they're likely eligible to have the conviction expunged:

1. Have a misdemeanor or felony conviction

2. Not currently facing new criminal charges

3. Not actively serving a criminal conviction sentence

4. Had not served the sentence in a California state prison

5. Have successfully completed the probation or got an early termination

6. Have no unpaid, court-ordered fines

7. Completed all elements of the sentence, such as programs, classwork, restitution, and community service

8. Had been charged and convicted in a state court (not at the federal level)

9. Has been one or more years since the conviction (with no probation)

Still, if the person doesn't meet the criteria listed earlier, the court might still expunge the record if they:

• Didn't fulfill all probation requirements but paid all the restitution, aren't currently charged with another criminal offense, and aren't serving a sentence for anything else

• Were convicted of a misdemeanor for prostitution and can show that those actions were because of human trafficking or had successfully completed probation

• Were convicted of a felony, sentenced to serve in the county jail, and had completed it two or more years ago

• Served in the US armed forces and suffered a trauma, injury, or mental health issue because of that

To be expunged, one must get the felony charge reduced to a misdemeanor. This doesn't always happen.

Some felony offenses will not qualify for expungement; it's important to know this.

Actions that can be charged as either a felony or not are called wobblers and do qualify for expungement.

Typically, expungement isn't possible if the person:

• Was convicted in a federal court

• Served time in a California state prison

• Is currently on probation or can't have it terminated early

• Is serving time for, charged, with, or on probation for any other criminal offense

• Has convictions that include sexual offenses against child victims

Because the law is confusing, it's often wise to hire a criminal defense attorney to handle the specifics of the case.

Step 3: Know the Details of Each Conviction

When there is a prior conviction (or multiple), one must collect these details for each case:

• The docket number

• The verdict (if possible)

• The plea (no contest or guilty)

• Information about the prison sentence (the jail's name, the date of release, whether parole was included, etc.)

Step 4: Understand Probation Statuses

Sometimes, there is no probationary period, or the person completed it successfully, so they are likely qualified for an expungement.

However, if the person is currently on probation, they can't apply for expungement until that's terminated. Only a court can do this.

Generally, the court only considers this if the person files a petition requesting to end probation early. That decision is left up to the legal system.

Usually, the court schedules a hearing to consider:

• The conviction

• The seriousness of the crime committed

• The person's overall criminal history

• The person's behavior on probation

• The support system for the person

• The person's ties to the community

• The person's volunteer work completed while on probation

The Filing Process

Understanding the eligibility requirements for expungement is the first step. Now, it's time to petition the court to consider the request. Here are the steps to do so:

Step 1: Hire an Experienced Criminal Defense Attorney

People who hire an attorney to represent them in court often have a higher chance of success in getting an expungement. Likewise, the lawyer will assist with forms, paperwork, and everything else. They can provide assistance with how to expunge theft charge in CA as well.

Step 2: Acquire and Complete Forms

After completing probation, one must fill out a petition to consider an expunged conviction for a misdemeanor. This can often be found at the person's local courthouse. However, it's possible to write it with the help of a lawyer.

There must be a separate petition for every conviction one wants to have dismissed.

If one wants a felony conviction expunged, they must ask the court to reduce the charges to a misdemeanor. That can only happen if the prosecutor could have considered a lesser option but didn't. Usually, this type of petition is granted.

One can also petition the court to reduce any other felony convictions. Typically, the local courthouse has a form, but an attorney can draft the document.

It's often wise to present other documentation with the petition. That can include proof that the person completed the sentence, volunteer work records, and character references.

Step 3: File to Have the Conviction Expunged

When the paperwork is completed, one must go to the courthouse where they were convicted to file the petition. The process often takes four to five months.

If one must file a petition to terminate probation or to reduce the felony charge to a misdemeanor, they must deliver it in person or mail it to the Clerk of the Court.

In most cases, there is a filing fee required to submit the petition. This varies by county, so it's best to consult the County Court's website for more information.

Once the court receives the completed petition, it will set a date.

Step 4: Prepare for the Hearing

Typically, it's up to the court to decide if the person must be present for the expungement hearing. An attorney can prepare the case and help with understanding the rules.

Whenever the person must be present, the District Attorney can object to the petition. It's important to defend the request with evidence and statements to persuade the court to grant it.

Step 5: The Hearing Starts (in California Courts)

Only a judge can consider the petition, as juries don't decide on expungement cases.

Usually, expungement hearings are short and take about 10 minutes. One should be on time and behave appropriately. During the hearing, a judge considers:

• The charges

• The status of the parole

• The person's criminal history

• The person's ability to hold a job

• The person's community service

Step 6: What Will Happen Next?

There are two different scenarios based on whether the court denies or grants the petition:

If the Court Grants the Petition

The judge who signed the expungement order sends a copy of the dismissal. However, those criminal records are visible unless one requests that the court seal them.

Once one gets a signed order from the judge, they don't have to answer "yes" on questions that focus on felony convictions or criminal records unless they're applying for a state license, running for public office, or becoming employed with the California Lottery Commission. Similarly, law enforcement agencies can still access them.

If the Court Denies the Petition

It's possible to ask for an explanation about why the petition was denied. One can refile six months after the denial once they've made the recommended changes.

What to Do if a California Expungement Isn't Possible

Sometimes, one learns that they can't have their records expunged. Still, there are other options. They could:

Get a Certificate of Rehabilitation

A Certificate of Rehabilitation is like a direct pardon. Unlike an expungement, this can restore one's civil rights.

Generally, a Certificate of Rehabilitation is only granted seven years after one completes parole or probation. That is three years sooner than a person can request a direct pardon, which only a governor can issue.

It's important to note that a Certificate of Rehabilitation doesn't seal or destroy the records, and it won't change the conviction status. One must still answer in the affirmative if they're asked about criminal activities.

However, a Certificate of Rehabilitation might allow one to:

• Vote

• Serve on a jury

• Own/possess a firearm

• Eliminate the need to register as a sex offender

To be eligible for a Certificate of Rehabilitation, one must be:

• A California resident for five or more years

• Convicted of a felony and served in a California state prison OR

• Convicted of a misdemeanor/felony violation of a sex offense that was dismissed AND not have been incarcerated after the dismissal

Overall, one cannot get a Certificate of Rehabilitation if they:

• Are on mandatory life parole

• Received a death sentence

• Are currently serving in the military

Seal/Destroy the Records

One could have their records or case sealed/destroyed if they:

• Were wrongfully arrested and not convicted of any crime

• Were arrested but not charged

• Were acquitted by a jury

• Had the conviction dismissed in court

Likewise, it's possible to have juvenile court records sealed if:

• The case is five or more years old

• The person wasn't convicted of a moral turpitude case as an adult

• The person had no pending civil litigation against them because of the case

Having the case sealed or destroyed eliminates arrest records, police reports, and other documents that describe the situation.

In most cases, one will encounter resistance when sealing or destroying records. However, the option is available, and an attorney can assist.

Request a Direct Pardon From the Governor

A direct pardon will eliminate the penalties of the conviction and restore some rights. Overall, this works similarly to a Certificate of Rehabilitation.

Ultimately, one may not be eligible to get a Certificate of Rehabilitation and can still request a direct pardon.

Generally, a direct pardon doesn't expunge the conviction or seal those records. Likewise, one must have completed the sentence (including probation and/or parole), and wait 10 or more years before requesting it.

There aren't many steps involved in requesting a direct or Gubernatorial Pardon. Simply file the application, which is found on the governor's website.

Once everything is filled out, the person must send it to the Governor's Office. Someone will review it to determine if a direct pardon is possible.

Hire a Criminal Defense Attorney Today

California law can be confusing to most people. When dealing with an expungement, it's essential to understand the rules and do things correctly to avoid a denial. Goss Law can also explain how to expunge a child endangerment charge in CA.

One's history should not prevent them from working their entire lives. However, getting an expungement isn't easy. Therefore, it's best to work with a criminal defense attorney.

Goss Law can help you go through the expungement process correctly and quickly. Let our team work with you to seal those records. Call to schedule a free consultation today.