How to Expunge: Truancy Charge in CA

Understanding Truancy Charges in California

Truancy laws and policies for public school students in California are designed to encourage consistent and timely attendance. California law applies these policies to students between the ages of 6 and 18 years who are frequently absent or tardy without a valid reason. Parents are also responsible for ensuring their child attends school and can face penalties for failure to do so.

For example, the parent may be required to attend mandatory hearings with the child and a school attendance liaison, or the case may even be referred to the District Attorney if extreme intervention is required.

How a truancy record is cleared depends on who was involved: the student or the parent.

Students: Juvenile Court and Record Sealing

A student's habitual truancy is not a crime. It is handled in juvenile court under Welfare and Institutions Code 601, which covers status offenses. A minor made a ward of the court for truancy cannot be held in a secure facility for it.

Because a student's truancy case is a juvenile matter, it is not "expunged" under Penal Code 1203.4. Instead, juvenile records can be sealed under Welfare and Institutions Code 786 (often after the person completes probation or the case is dismissed) or Welfare and Institutions Code 781 (by petition).

Parents: Infractions and Misdemeanors

A parent who fails to make sure a child attends school can be cited under Education Code 48293. This is an infraction, with fines of $100 for a first offense, $250 for a second, and $500 for a third or later offense. Infractions are not eligible for dismissal under Penal Code 1203.4.

In more serious cases, a parent may be charged with a misdemeanor under Penal Code 272. As California Penal Code 272 reads, "Any person who commits an act or fails to perform a duty that contributes to a minor becoming a delinquent, a habitual truant, or a dependent child of the juvenile court is guilty of a misdemeanor." A misdemeanor conviction under Penal Code 272 can be eligible for expungement.

Eligibility for Expungement of a Penal Code 272 Conviction

To be eligible, the person generally must have completed probation and any other court-ordered obligations, and cannot be serving a sentence, on probation, or charged with another offense.

Examples of Ineligible Offenses

Penal Code 1203.4 does not apply to certain sex offenses, including:

1. Sodomy with a child (California Penal Code 286(c))
2. Oral copulation with a child (California Penal Code 287(c))
3. Lewd acts with a child (California Penal Code 288)
4. Continuous sexual abuse of a child (California Penal Code 288.5)
5. Sexual penetration with a minor (California Penal Code 289(j))
6. Felony statutory rape (California Penal Code 261.5(d))
7. Child pornography offenses (California Penal Code 311.1 through 311.11)

Infractions and certain Vehicle Code misdemeanors are also excluded.

The Expungement Process

What does someone looking to clear a Penal Code 272 conviction need to do?

• Step 1: Collect necessary records, including arrest and police reports, to establish identity and the case in question.
• Step 2: Prepare the expungement petition and file it in court, which may involve filling out a Petition to Dismiss or a Motion to Terminate Probation.
• Step 3: Attend the expungement hearing and resolution, where a judge will review the petition and make a decision. If successful, the guilty plea or verdict will be set aside, and the matter will be dismissed.

The person may need to serve the petition on the District Attorney or the probation department and pay a filing fee, which may be waived if it cannot be afforded.

Benefits of Expungement

What are some of the reasons a convicted person may choose to pursue this process? Consider the following benefits:

• Expungement can provide the potential for a fresh start and a second chance to rebuild a life that seemed lost.
• It can also reduce the stigma of a conviction and its negative impact on employment and education opportunities.
• With an expunged record, a person who was previously convicted can generally answer "no" to questions about prior convictions on most private job applications.
• There is also an element of peace of mind that can be restored as a path to a better future presents itself.

Alternatives to Expungement

Sometimes, cases were simply dismissed. Alternatively, an arrest may have taken place with no subsequent criminal charges being filed. In other cases, a defendant may simply have been acquitted or found not guilty.

Such scenarios may mean the person can have their arrest records sealed. Sealing an arrest that did not lead to a conviction is often more protective than a dismissal, because the arrest is treated as if it never happened. There may also be the potential for a certificate of rehabilitation to be requested.

Finding an Expungement Attorney

A criminal defense lawyer can help a client work through the expungement or sealing process and confirm that they meet the eligibility criteria. A lawyer can also represent clients in court and advocate to the judge and prosecutor. Goss Law can also consult on how to expunge trespassing charge in CA and provide insight on how to expunge robbery charge in CA.

The Limitations of Expungement

Since expungement allows for the clearing of records, some persons erroneously believe that it is a magic bullet that absolves them of all associated consequences of their prior actions. Note that there are limitations to what the process can achieve, which include:

1. Under California's three strikes law, the conviction can still be used as a point of reference.
2. The decision to bar a person who is convicted from holding a public office will not be overturned.
3. If a conviction requires registration as a sex offender, expungement does not change that.

Schedule a Consultation Today

Student attendance is very important, and the state of California has laws in place to reinforce its view on public education. If a truancy matter left a juvenile record or a parent's conviction, the law may allow it to be sealed or dismissed.

Attorney Blair Goss of Goss Law helps clients clear their records so they can pursue the opportunities they deserve. To learn more about eligibility and what the process may look like, schedule a consultation today.