California law has certain conditions for those who want to expunge their record. Even though it's possible to get rid of certain convictions, making the slightest mistake could lead to a request denial.
Hiring a professional attorney ensures the person can get all the information they need to file their claim successfully. By expunging a record, it may be possible to avoid problems when renting a property or finding a job, for example
This page outlines how to expunge a misdemeanor and other essential information everyone should know about the process.
What Does It Mean to Expunge a Criminal Offense?
Expunging criminal convictions involves releasing a person from all the "penalties and disabilities" these cases involve. Those who get an expungement approved, for example, generally do not have to disclose the conviction to most private employers. However, the conviction must still be disclosed on applications for public office, for a state or local license, and for contracts with the California State Lottery.
Something crucial to note about expunging is that it only helps to erase the misdemeanor from a criminal history at a "virtual" level. It doesn't physically erase the conviction.
The California Penal Code (1203.4) allows people to withdraw their previous guilty or "no contest" plea. Then, they can re-enter a "not guilty" plea, which can help get the case dismissed.
There are several paths to an expungement in California:
- Penal Code 1203.4: If the court granted probation, the person can petition after completing probation, after probation is terminated early, or in the court's discretion in the interest of justice.
- Penal Code 1203.4a: For a misdemeanor where probation was not granted, the person can petition one year after the judgment if they have complied with the sentence, are not facing new charges, are not on probation for another offense, and are living an honest and upright life.
- Penal Code 1203.41: For a felony sentence served in county jail under Penal Code 1170(h), the person can petition after completing the sentence and waiting period.
Unpaid restitution cannot be a reason to deny relief. Usually, those who went to state prison won't qualify for an expungement, unless the crime they were sentenced for is one for which they would be now sentenced to county jail. Separately, many older convictions may be eligible for sealing under Penal Code 1203.425 (Clean Slate, SB 731).
While a dismissed conviction offers many benefits to a person, it can still be used against them in a subsequent prosecution. However, it may only work as evidence of prior behavior.
What Does It Mean to Complete Probation Successfully?
When someone completes their probation successfully, it means they:
- Completed all the terms surrounding their probation
- Attended every court hearing
- Didn't make a probation violation
- Didn't commit any new crimes during their probation
Which Criminal Records Can Be Expunged in California?
Technically, almost all charges can be expunged.
Not all offenses apply, though. Under Penal Code 1203.4(b), the following can't be expunged:
- Certain sex offenses against children, including Penal Code 286(c), 287(c), 288, 288.5, 289(j), 311.1, 311.2, 311.3, and 311.11, and felony 261.5(d)
- Misdemeanors under Vehicle Code 42002.1 (failure to submit a vehicle for inspection)
- Infractions
Other sex offenses may be eligible, but an expungement does not end the duty to register as a sex offender.
What Are the Benefits of Expunging a Criminal Record?
Even though it seems like expunging a criminal conviction like a misdemeanor won't do much, it offers many benefits to the person. Due to the nature of the expungement process, those with a prior misdemeanor or felony conviction can hide it from many types of background checks.
Being able to "virtually" hide the past conviction comes with benefits like:
- Becoming eligible for professional certifications or licenses
- Making it simpler to find and get hired at a job
- Becoming eligible for professional companies or organizations
- Dealing with the social pressure that comes from having a public record.
What about the things that an expungement won't do? Here are some of them:
- Restore the right to bear arms in California
- Overturn a suspension of a driver's license
- End the person's duty to register as a sex offender
Those wanting to deal with these problems may seek help with the California Certificate of Rehabilitation or the California Governor's Pardon.
Something to keep in mind is that expunging isn't the same as sealing. When someone goes through an expungement process, they won't necessarily seal their record. Most of the time, they will have to complete other steps.
How to Start the Expungement Process
Sacramento misdemeanor lawyers may be able to aide in this process. Expunging a criminal record involves certain activities that must be done carefully. Those who want to get their record expunged should do the following:
Hire an Attorney
Hiring a lawyer ensures people file their claims the right way. This helps them to account for many things like choosing the right superior court.
Fill Out the Paperwork and File the Expungement
An attorney understands how state and federal law works, which makes it much easier to deal with the paperwork. They can also provide insight on how long does a misdemeanor stay on your record in California.
In the case of a misdemeanor, the person must file a petition under PC 1203.4. Said petition involves withdrawing the plea and entering a "not guilty" one. If the person's conviction happened by verdict, they must also request to set the court record aside.
Once the paperwork is filed, the court will schedule a hearing. Some people may not have to attend the hearing if their expungement attorney is there. Their role is to show that it's in the court's best interest to expunge that conviction from the person's record.
If the judge decides to expunge these misdemeanor convictions, they will be set aside, which leads to the charges getting dismissed.
Something important to keep in mind is that the prosecutor must be notified 15 days before the hearing. This will give them the necessary time to review the case and challenge the request if necessary. However, if the prosecutor doesn't object to the expungement petition, they can't challenge it later.
There is no court filing fee for a 1203.4 petition. Goss Law can also answer the question what is a misdemeanor in California?
Sealing Is Separate
There is no general step to "seal the expungement." Sealing is separate relief. Under Penal Code 1203.425 (Clean Slate, SB 731), many convictions are sealed automatically once the person meets the requirements, and a person can also petition for it.
Even after an expungement or sealing, the conviction must still be disclosed on applications for public office, for a state or local license, and for contracts with the California State Lottery.
On the other hand, if the expungement petition gets denied, the person can refile it with more support.
Bottom Line - The Importance of Getting Help from a California Expungement Attorney
How long does it take for a person's record to be expunged? Usually, it may take from 90 to 120 days for the court order to get processed. It mostly depends on who's handling the case.
While filing for an expungement can be stressful, it's not impossible. Attorney Blair Goss usually handles record clearing for his clients at no extra charge.
Need help with a case in Sacramento? Read about my criminal defense work, or tell me what happened.
This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.