Before you lot begin the dismissal process for your case, you should understand what expungement ways, how it benefits you and the limitations that apply.

What does expungement hateful?

California law provides a legal process to remove or reduce a person'southward criminal convictions for certain offenses. According to Penal Code 1203.4, this process removes "all penalties and disabilities" associated with the conviction.

Under Penal Lawmaking 1203.4 PC, people with convictions for certain felonies or misdemeanors, and who encounter additional sentencing and/or probation requirements (described later on on this folio) may be able to have their convictions expunged. If your petition is successful, the Court volition re-open your case and set up aside your guilty plea (or a jury's guilty verdict) and dismiss the State'south instance against you.

Expungement does not completely remove all traces of the conviction from your criminal record. Instead, it alters your record to show that the Court dismissed the criminal complaint "in the interests of justice."

What are the benefits of expungement?

With a dismissal, you do not take to disembalm your conviction when applying for a job or housing. California police force prohibits private employers from discriminating against employees or prospective employees who have their convictions expunged.

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A dismissal can besides help y'all if you apply for employment with a governmental bureau or department. Land law too requires public-sector employers to care for you as though your conviction never occurred.

Having a make clean criminal history may likewise aid you secure professional licensure or other employment-related credentials.

Finally, for non-citizens, a clean criminal record may help you avert deportation, or other immigration consequences that may arise from a criminal conviction.

If you are considering applying for an expungement of an existing conviction, contact an experienced criminal defense chaser for assistance. Yous can also review the laws and rules regarding expungement by reading Penal Lawmaking 1203.4 or the California Code of Regulations 11017.one.

What are the limitations of expungement?

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A successful petition for expungement doesn't mean that all traces of your criminal history disappear from your tape. Many of your ceremonious rights volition remain afflicted.

For instance, expungement does not restore your correct to own or possess a firearm. For the purposes of firearm possession, the restrictions of the State's "felon with a firearm" law (Penal Code 29800 PC) will nonetheless use to you lot.

Further, expungement will not render your unrestricted driving privileges, if those restrictions were office of your sentence. Other sanctions, like non beingness able to hold public office, or having to register equally a sexual practice offender will remain firmly in place.

Additionally, the Courtroom can still consider your unabridged criminal history when sentencing you for future crimes. In the case of the State'due south "Three Strikes Law" an expunged felony conviction could still count as a "strike" confronting you.

Country law does provide another remedies to resolve some of these bug. For example, a certificate of rehabilitation, a Governor's pardon or a petition to reduce a felony to a misdemeanor may restore certain rights, including firearm possession. These alternatives are discussed in more detail later in this piece.

Know your case

Penal Lawmaking 1203.4 has some very specific exclusions that limit a person's ability to take reward of this process.  More than anything else, the verbal circumstances of your example will determine whether or not you lot can seek expungement. Before you lot attempt this process, it helps to know the details of your case. Yous tin begin to see whether or non expungement may piece of work for you.  Not everyone is a legal practiced, so your chaser can assist you determine whether you can seek to take the Court reconsider your example.

Step 1. Get copies of your criminal records

At the fourth dimension of your confidence, you lot received papers that included all of the relevant information about your instance.

Your attorney, parole officer, probation officer and even the Superior Courtroom that convicted you lot tin can aid you obtain copies of your records. In add-on, yous can receive copies of your criminal records through the State Attorney General's Function or the California State Section of Justice Criminal Tape Review Unit of measurement.

Not all criminal records are gratis. For example, The California Country Department of Justice Criminal Record Review Unit charges a $25 fee, only if yous have a limited income and tin provide proof, the Section may grant a waiver. The process of obtaining your records isn't immediate, either. It may take several weeks for the various agencies to mail newspaper copies of your records to yous.

Stride two: Determine your eligibility for expungement

If you meet all of the following criteria, you are likely to be eligible to inquire the Courtroom to expunge your record:

  1. You lot have a felony or misdemeanor conviction
  2. You are not currently facing any new criminal charges
  3. You lot are non actively serving a sentence for a criminal conviction
  4. Y'all did Non serve your sentence in a California state prison
  5. You accept successfully completed your probation or obtained an early on probation termination
  6. You do not have any unpaid, court-ordered fines
  7. You have completed all elements of your sentence, including customs service, restitution, classwork or other programs
  8. You were charged and bedevilled in a California Superior Courtroom (not a federal court)
  9. It has been at to the lowest degree ane year since your conviction, if you did not receive probation

If you don't encounter one or more of the criteria listed above, the Courtroom still has some discretion to expunge your record, if:

  1. You did not fulfill all of the probation requirements, just you accept:
    1. Paid all restitution
    2. Are not currently charged with another criminal offence
    3. Are not serving a sentence with another offense
  2. You were convicted of a misdemeanor for solicitation/prostitution and you:
    1. Take successfully completed probation, or
    2. Tin evidence that your action was the event of human being trafficking in which you lot were the victim
  3. If yous were bedevilled of a felony, you:
    1. Were sentenced to serve your fourth dimension in a County Jail, and
    2. You completed your sentence at least two years ago.
  4. You served in a branch of the United States armed forces and suffered mental health or other trauma/injury-related problems that resulted from your service

To be expunged, a felony conviction must kickoff be reduced to a misdemeanor.  Not all felony offenses qualify for expungement. Deportment that could have been charged as either a felony or a misdemeanor – sometimes chosen "wobblers" – qualify for expungement.

You are Non likely to exist eligible to have your conviction expunged if whatsoever of the following conditions apply to you.

  1. You were bedevilled in federal court
  2. Y'all served your time in a California land prison
  3. You are still on probation or cannot have your probation terminated early
  4. You are currently charged with, serving time for, or on probation for some other criminal criminal offense
  5. Your conviction includes certain sexual offenses that involved child victims

Other convictions nether specific sections of the Penal Code may also affect your eligibility to seek expungement. If yous are non sure whether you do or exercise not qualify, consult with an experienced criminal defense attorney near the specifics of your case.

Step iii: All of your convictions are important. Know the details of each i

If you have multiple criminal convictions, collect the details listed below for each one.

  1. Example (docket) number
  2. Whether there was a verdict
  3. Whether you lot pleaded guilty or no contest
  4. The sentencing details
    1. Were you sentenced to serve time?
    2. Which jail or prison did you serve time in?
    3. What was the date of your release?
    4. Were you lot released on parole? If so,
    5. When was your parole consummate?

Footstep iv: Know Your Probation Status

If yous were never on probation, or have successfully completed your probation, y'all are probably qualified for expungement.

If you are still on probation, yous cannot apply for expungement until your probation is terminated. Only a Court can terminate your probation, and the Court will only consider this footstep if you file a petition asking to terminate your probation early.  The determination to stop your probation is entirely up to the Court. When you petition the Court to terminate your probation, the Court will schedule a hearing to consider the post-obit:

  • Your confidence
  • The seriousness of the criminal offense you committed
  • Your overall criminal history
  • Your employability if your probation is terminated
  • Why you may deserve to have your probation terminated
  • Your beliefs while on probation
  • The people who rely on you for back up
  • Your ties to the community
  • Any volunteer work you have done while on probation

Violating the terms of your probation does not automatically exclude you from consideration for early on termination. You may all the same petition the Courtroom for consideration and you tin yet receive a hearing to evaluate your probation status.

The filing process

Now that yous understand the benefits, eligibility requirements and limits of expungement, y'all can have the next step toward petitioning the Court to consider your expungement request.

Pace 1: Get an experienced attorney

People who choose to take an attorney represent them in Court have a much higher gamble of succeeding in getting their convictions expunged.  Farther, a highly qualified attorney can assist y'all consummate all of the necessary steps and forms in the awarding process.

Step ii: Go and complete the necessary forms

If you want to have a misdemeanor conviction expunged and you lot have successfully completed your probation, y'all volition need to complete and file a Petition to Dismiss a Misdemeanor PC 1203.4. Your local courthouse may already have a form available for this. If no form is available, y'all can write your own petition with the help of an attorney. You will demand to submit separate petitions for each conviction you want the Court to consider for dismissal.

If you want to have a felony conviction expunged, yous must showtime ask the Court to reduce your felony conviction to a misdemeanor. Felony charges that are eligible for this treatment are those that the Prosecutor could have charged as a misdemeanor but did not. The Courtroom normally grants this type of petition. Once your charge has been reduced to a misdemeanor, then you lot can proceed with your Petition to Dismiss a Misdemeanor PC 1203.4.

You can petition the Court to reduce other felony convictions, using PC § 17(b)(3). Your local courthouse will probable have a form bachelor. If non, yous and your attorney tin draft your own petition. If the Court grants your petition to reduce your conviction to a misdemeanor, then you lot can continue with your Petition to Dismiss a Misdemeanor PC 1203.4.

If yous take non yet completed your probation, you must commencement persuade the Court to terminate your probation. You lot practice this past filing a Motion to Terminate Probation. If the Court denies your Movement to Terminate Probation, you tin file a Petition for Dismissal. Your attorney tin aid you either fill up out the form or write a motion to file in Court.

Yous can include documentation to your petitions when y'all submit them to the Court. This could include character references, proof that yous completed the terms of your judgement or records of volunteer piece of work. This kind of documentation can help persuade the Court to grant your motility.

Step 3: File for expungement

Once your paperwork is consummate, you can file your petition and documentation with the courthouse at which you were convicted. The Court will hear your instance in the order in which it receives your completed paperwork. Typically, the process to consider your movement will take 4-5 months.

If you need to file a petition to terminate your probation, or to reduce a felony to a misdemeanor, you lot volition demand to mail your petition to the Clerk of the Courtroom or deliver your petition in person. Some counties crave you lot to serve your petition to either the District Attorney or the Probation Department.

You must also pay a filing fee when you submit your petition. The filing fees vary by county, and may besides differ based on whether the conviction is a felony or misdemeanor. The County Courtroom's website will accept a fee schedule posted.  If yous cannot pay the fee, the County can make fiscal assistance bachelor to you.

The Courtroom will gear up a date when it receives your completed petition.

Step 4: Set for your hearing by meeting with your attorney

You lot may or may not need to be present in Court for your expungement hearing. Your attorney tin help you prepare and let you know whether you'll need to announced in Court.

If yous need to be present, note that the District Chaser's Part can raise objections to your petition. You'll need to be prepared to defend your request. Evidence that supports your request and prepared statements tin help you persuade the Court to grant your petition. You lot'll desire to bring copies of your testify and any statements you make to Court with you lot.

Step 5: Your courtroom hearing

Only the judge will consider your petition. Juries do not decide expungement cases.

Expungement hearings are typically short, only about ten minutes.  It'due south of import to exist on fourth dimension for your hearing and to behave appropriately in court. During the hearing, the guess will consider:

  • The charges against yous
  • The status of your parole
  • Your history of additional convictions
  • Your ability to work and keep a chore
  • Your customs service
  • Your other ties to the community

Stride half dozen: What happens next

If the Court grants your petition:

The California Superior Court Judge who signed your expungement order volition send you a copy of the dismissal of your example.

Your courtroom record is still visible unless yous request that the Courtroom seal your record.

If you lot receive a signed order from the guess, you lot no longer have to answer "yes" to questions regarding criminal records or felony convictions. Exceptions to this include running for public role, applying for a state licenses, or taking a job with the California Lottery Commission. In those cases, you lot must still disclose your conviction history.

If the Court denies your petition:

Yous may ask the judge to explain why your petition was denied, and what you tin can do to take your petition accepted. Y'all may refile a petition six months after your previous petition was denied, provided that you take made the necessary or recommended changes.  If the Courtroom denied your petition because the judge establish that you are non eligible to have your tape expunged, you may still have a few options to mitigate the impact of a criminal conviction.

What you tin can do when yous can't expunge your record

If you tin can't accept your tape expunged, y'all may still be eligible to take the following steps:

Selection 1: Seal or destroy your records

You may be able to take the records of your case sealed and/or destroyed, if:

  1. You were wrongly arrested simply not convicted of a criminal offence
  2. You were arrested only never charged
  3. Your case was dismissed in Court
  4. You were acquitted by a jury

You tin also seek to seal records from a Juvenile Courtroom case if:

  1. Your example is at least v years old
  2. You accept non been convicted of any "moral turpitude" cases as an adult
  3. In that location is no pending civil litigation against you lot arising from your case

Having your records sealed or destroyed eliminates police reports, arrest records and other documentation that describes your example. To have your records sealed or destroyed, you must get a Certificate of Factual Innocence. Typically, you volition encounter resistance to a petition to seal or destroy records. If this selection is open to you, you should strongly consider exercising it but with the assistance of an experienced chaser.

Choice 2: Obtain a Document of Rehabilitation

A Certificate of Rehabilitation is a grade of direct pardon.

Unlike an expungement, a direct pardon can restore your civil rights. A Certificate of Rehabilitation may exist granted 7 years subsequently you consummate probation or parole. This is three years sooner than you can seek a direct pardon. The Governor issues direct pardons, but a Superior Court issues Certificates of Rehabilitation.

A Certificate of Rehabilitation does not seal or destroy your records, and it does non modify the condition of your confidence. Y'all will still have to answer "aye" when asked about criminal convictions.

On the other hand, a Certificate of Rehabilitation may allow you to:

  • Serve on a jury
  • Vote
  • Ain or possess a firearm

If you accept been convicted of sure sexual offenses, a Document of Rehabilitation may allow you to eliminate the requirement that you annals as a sex activity offender.

You must meet the following criteria to be considered for a Certificate of Rehabilitation:

  1. Yous have been bedevilled of a felony and served time in a California land prison, or you have been bedevilled of a felony or a misdemeanor violation of a sex activity offense outlined in Penal Lawmaking section 290 which has been dismissed AND you have not been incarcerated following the dismissal
  2. You take been a California resident for at least 5 years

You cannot receive a Certificate of Rehabilitation if:

  1. You received a death sentence
  2. You are on mandatory life parole
  3. Y'all are serving in the military

Pick 3: Seek a direct pardon from the governor

A direct pardon eliminates the penalties associated with your conviction and restores certain rights. You will receive the same benefits from a direct pardon from the Governor that you would receive if you obtained a Certificate of Rehabilitation.

If you are not eligible to seek a Certificate of Rehabilitation or you no longer live in the Land of California, you tin can seek a direct pardon.

As with a Document of Rehabilitation, a straight pardon does not expunge your conviction or seal your records.  Further, you must look at least 10 years after the completion of your sentence (including parole or probation) to seek a direct pardon.

To seek a direct pardon, you must file an Application for Gubernatorial Pardon. Y'all tin can download this class from the Governor's Part website. Once you have completed the grade, y'all tin can render information technology to the Governor's Office for consideration.

What does expungement hateful?

California police force provides a legal process to remove or reduce a person'south criminal convictions for sure offenses. According to Penal Lawmaking 1203.4, this process removes "all penalties and disabilities" associated with the conviction.
Under Penal Code 1203.4 PC, people with convictions for certain felonies or misdemeanors, and who come across boosted sentencing and/or probation requirements (described later on this folio) may exist able to have their convictions expunged. If your petition is successful, the Court will re-open your case and gear up aside your guilty plea (or a jury's guilty verdict) and dismiss the Land's case against you.
Expungement does non completely remove all traces of the conviction from your criminal record. Instead, it alters your record to show that the Court dismissed the criminal complaint "in the interests of justice."

What are the benefits of expungement?

With a dismissal, you exercise not have to disclose your conviction when applying for a job or housing. California law prohibits private employers from discriminating against employees or prospective employees who accept their convictions expunged.

What are the limitations of expungement?

A successful petition for expungement doesn't mean that all traces of your criminal history disappear from your record. Many of your ceremonious rights will remain affected.
For example, expungement does not restore your right to own or possess a firearm. For the purposes of firearm possession, the restrictions of the Country's "felon with a firearm" law (Penal Code 29800 PC) will even so employ to y'all.