Any criminal offense can place significant strain on a person long term. It can impact their ability to find work, get loans, and fit into a community. Charges, convictions, and arrest records don't necessarily need to be permanent- including identity theft charges.
This guide to expunging identity theft charges in California covers who is eligible, how it works, and what the legal process looks like. Goss Law is committed to providing expert legal guidance to those facing charges and fighting for expungement, so contact us today for a free case evaluation and consultation. Our team is happy to explain how to expunge tax evasion charge in CA as well.
What Is Criminal Record Expungement?
Expungement is a legal process that allows those with criminal records to reduce or remove a conviction. California Penal Code 1203.4 PC states that a person charged with a misdemeanor or felony has the opportunity to petition the court to have their criminal record expunged, as long as they meet all additional requirements.
Contrary to what many believe, expunged criminal records are not wiped clean completely. There will still be traces of the charge, but they will be altered. If a person has their petition accepted, the court will have the record altered to remove the guilty plea or jury's guilty verdict and have the case dismissed in the interest of justice. Goss Law can detail how to expunge money laundering charge in CA.
Understanding Identity Theft Charges
Identity theft is a form of fraud and is a serious crime under California law. It involves the unlawful or unauthorized use of another person's personal details and information, often for financial gain, but not exclusively.
There are three primary elements involved in identity theft:
Personal and identifying information: To commit identity theft, the defendant must be using another person's personal and private information, such as name, social security number, credit card number, date of birth, and address.
Unauthorized access: They must also be using said information without consent.
Intent: The intention to commit fraud by using personal information obtained without permission is the final pillar of identity theft.
Some examples of identity theft crimes include bank fraud, medical fraud, and credit card fraud. California law considers this type of fraud a serious crime and has severe potential penalties for those convicted.
Is Identity Fraud a Felony Conviction in California?
In California, an identity theft charge can lead to a misdemeanor conviction or a felony conviction, depending on the circumstances of the crime.
A felony charge is more common for identity theft crimes in California, but it is possible to get misdemeanor charges in some cases. It largely depends on the nature and scale of the crimes, and the person's criminal history. If the defendant is a first-time offender and the harm caused was minimal, there is a good chance that a judge may lean towards a misdemeanor ruling.
Repeat offenders and those who have committed identity theft on a larger scale and almost certain to be charged with a felony offense. Whether a person is charged with a felony or misdemeanor, the punishments may include a county jail sentence, probation, and fees. Restitution and state prison time are also applied to felony charges.
What Impact Can Identify Theft Criminal Charges Have on a Person's Life?
As well as the penalties, which include a potential prison sentence and financial charge, an identity theft conviction can have serious social impacts on the defendant. It is harder to get work, and the stigma surrounding fraud can be isolating.
Charges can damage personal and professional relationships. The nature of the crime plays a role, but any identity theft conviction is likely to have social repercussions. It can also have immigration consequences for non-citizens in the US, and US citizens if they are moving or traveling overseas.
Why Petition the Court to Have an Identity Theft Record Expunged?
While an expungement doesn't completely erase a criminal record, it does give people a fresh start. Expunging an identity theft charge means people don't have to declare it in most situations, and it can give people their lives back.
How Does Criminal Conviction Expungement Work?
In short, expungement works like this:
A person is charged with identity theft (or another felony or misdemeanor crime) and has completed all prison or probation services.
They present a case for having their charges dismissed and file a petition to the court.
A hearing is held, where a judge alone decides whether or not to grant expungement.
If successful, the guilty plea or verdict is removed. The details of the charge remain, but the outcome now says that the case was dismissed.
Who Is Eligible for Expungement in CA?
Although expungement is technically open to anyone with a misdemeanor or felony offense on their record, there are a number of other eligibility requirements to consider.
First of all, the defendant must have successfully completed probation (or have had early termination of probation approved) and any county jail sentence. Any other penalties applied must also be fulfilled, including community service and restitution payments. The defendant should not have any other ongoing charges against them.
Expungement is generally available one year after the conviction if no jail time or probation was applied, or from the end of the probation service. It may still be possible to be approved for expungement if one or more of the above requirements are not met, as there are ways around them.
However, expungement is most likely not an option if any other the following statements apply.
The crime was charged in federal court.
Time was served in a California state prison.
The defendant is still on probation and not eligible for early termination.
The defendant is currently serving a sentence for another crime.
The Expungement Process for Identity Theft Charges in California
There are many cases of identity theft or fraud that may qualify for expungement. Here is an overview of the legal process for having a criminal record expunged, from the first steps to the final verdict.
Before Filing
Before beginning, there are a few things to gather to prepare for the petition.
1: Acquire a Copy of the Criminal Record
First, the defendant should request an official copy of their criminal record. This shows all charges, arrests, and convictions- which are crucial to know about before getting into the filing process. People can request these themselves, but it is sometimes easier to go through a probation officer, parole officer, or the Superior Court through which they were convicted.
There may be a fee involved. For example, the California State Department of Justice Criminal Record Review Unit charges around $25. It can take a few weeks to get the paper copies, so it is a good idea to apply early.
2: Determine Parole Status and Eligibility
Check the eligibility criteria for California criminal record expungement before getting too far into the process. This helps to avoid disappointment and frustration later. It is also a good idea to confirm parole status to ensure all the terms are met, sentences fulfilled, and restitution fees paid.
If there is any doubt as to whether and not a person is eligible for expungement, they can consult with a lawyer to look through their case and advise on the best next steps.
3: Go Over All Charges and Gather Details
Look through all charges on the criminal record, and get familiar with the details. The more information a person has going into their petition, the more prepared they will be for any later court appearances.
The Filing Process
Once the details are confirmed and it has been established that a case is likely eligible for expungement, it is time to proceed with filing.
1: Hire an Expert Criminal Lawyer
The first thing anyone should do when they are ready to file a petition for identity theft charge expungement is contact an attorney. Without legal guidance, navigating the expungement process is extremely complex, and the chances of success are significantly lower.
There are many elements to this legal procedure, and it is easy to miss something crucial without the experience and expertise of a legal professional. Hire a Sacramento expungement lawyer as early in the process as possible to make the journey smoother.
2: Complete the Necessary Forms
One of the conditions for having a misdemeanor violation expunged is to have completed probation. If the person has done this, they can request a Petition to Dismiss a Misdemeanor PC 1203.4. The court may have one to provide, but if not, your attorney can help you prepare one.
If the petition is to have a felony conviction expunged, the charge must first be changed to a misdemeanor. This is only eligible on charges that could have been a misdemeanor but were classed as felonies. Identity theft, in most cases, falls into this category, so this is a possible option. To do this, a form is submitted to the prosecutor to request a change of charge. If this is accepted, the defendant can then proceed with their Petition to Dismiss a Misdemeanor.
There may be other forms to submit if the person has not yet completed probation and is asking to have probation terminated early. It varies from case to case.
3: File a Petition for Expungement
When this paperwork is successfully completed, the petition for expungement can be filed. It should be filed with the court that issued the charge, and it can take several weeks or months to be considered.
At this point, there is also a fee. This must be paid in full, and varies depending on the county and whether the charge is a felony or misdemeanor. There is potential financial assistance for those who cannot afford the fee, but this requires a separate application.
4: Get a Hearing Date, and Prepare for a Potential Court Appearance
Appearing in court as part of the hearing is not always necessary, but it is crucial to be prepared just in case. The District Attorney's office can request your presence and can raise objections at the hearing to which you must be prepared to respond.
Preparing statements and going through potential objections or queries is an important step. This is also a chance to gather evidence to support the petition.
A hearing date will be set, whether or not the defendant's presence is required. The judge alone will make the decision. It will be based on the charges, parole status, additional convictions, and status in the community (including community service).
After the Hearing
If the California Superior Court Judge rules in favor at the expungement hearing, a letter confirming the case dismissal will be sent to the defendant. This does not seal the record (unless this has been requested and approved), but it does mean the defendant does not have to answer yes to questions regarding criminal convictions (except in a few special circumstances).
What to Do If the Petition Is Denied?
If a petition to have a record expunged is unsuccessful, there is an opportunity to ask for the judge's feedback and the reasons for the denial. People can then resubmit their petition after six months, with a second chance for expungement if they have overcome the previous objections.
Sometimes, a judge denies a petition to have a charge or conviction expunged because the case does not meet crucial California law eligibility requirements. In this case, it is unlikely that a future expungement attempt would be successful.
That doesn't mean there isn't something that can still be done. An attorney can help those who do not qualify for expungement to explore other options. Depending on circumstances, these may include having the record sealed or destroyed, obtaining a direct pardon, or seeking a certificate of rehabilitation. Each has different requirements, which an experienced defense lawyer can explain and navigate.
Hire a Dedicated Sacramento Legal Team to Guide You Through the Expungement Process
A criminal record can cause life-long challenges, and it is worth pursuing the opportunity for expungement when possible. The chances of success are significantly higher if you have an experienced, passionate attorney on your side.
Goss Law is a specialist criminal defense firm in Sacramento, California, with experience in criminal record expungement petitions. We work closely with clients to help them navigate the petition process and find the best course of action.
If you have an identity theft charge in California and want to have it expunged, call Goss Law today to arrange a free consultation.
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