Sealing Your Criminal Record in California: What You Need to Know
Expungement is a legal process by which criminal convictions and other criminal records are sealed from a person’s criminal record. The California Penal Code allows for three different types of expungements. The type of expungement that may be right for you depends on your criminal record and prior criminal sentencing.
Many people see the advantage of expungement or “record sealing” because convictions can essentially be removed from your record. This is many people’s chance at a fresh start, and the Law Offices of Virginia L. Landry may be able to assist.
If you’re interested in criminal expungement, continue reading to learn if you qualify and how our Orange County defense attorneys may be able to assist you.
Take control of your future with the help of our Orange County expungement lawyer. Call now at (949) 694-8804 or reach out online to schedule a free consultation and learn how we can assist you in clearing your criminal record.
What are the Types of Expungement in California?
There are three types of expungements available to those with a criminal record:
- Criminal convictions involving probation: According to § 1203.4 of the California Penal Code, convictions in which probation was a part of the sentencing can be expunged.
- Criminal convictions not involving probation: According to § 1203.4a of the California Penal Code, convictions in which probation was not a part of the sentencing can be expunged.
- Felony convictions reduced to misdemeanors: According to § 17 of the California Penal Code, certain felony convictions can be reduced to misdemeanors, and then those misdemeanors may be able to be dismissed.
Who Is Eligible for Expungement in California?
Not everyone is eligible for expungement in California, but many individuals are. To qualify for expungement, you must meet certain criteria. Generally, you are eligible if:
- The conviction was for a misdemeanor or a felony: While expungement is more commonly granted for misdemeanors, felony convictions can also be expunged in many cases.
- You completed the terms of your sentence: This includes any probation, parole, fines, or restitution. You must have fulfilled the terms of your sentence, including any required rehabilitation programs.
- You have not been convicted of any new crimes: Individuals seeking expungement must not have any ongoing criminal cases or convictions after completing their sentence.
- You have not served time in state prison: Generally, you must have served time in county jail or completed probation rather than state prison. Certain non-serious felony convictions may still be eligible for expungement.
- You have been rehabilitated: If you are seeking expungement for a felony conviction, demonstrating that you have rehabilitated yourself, such as completing education or employment programs, can increase the chances of a successful petition.
If you have completed probation, paid your fines, or served time in jail for a misdemeanor or felony conviction, you may be eligible for expungement. Consulting an Orange County expungement lawyer can help you evaluate your eligibility and prepare a strong petition to submit to the court.
What is The Expungement Process?
The expungement process can be complex, and working with an experienced Orange County expungement attorney can help ensure that your petition is handled efficiently.
The general process for expungement involves several key steps:
- Review Your Criminal Record: Before beginning the expungement process, it is essential to obtain a copy of your criminal record to ensure that all the information is accurate. This will help you understand what charges or convictions are eligible for expungement.
- Determine Eligibility: Not all convictions can be expunged, so it is important to determine whether your case qualifies for expungement. Your Orange County expungement lawyer can help evaluate your case based on the nature of your conviction and your criminal history.
- Petition the Court: If you are eligible, the next step is to file a petition with the court. The petition typically includes details about your criminal case, the conviction, and a statement of why you are seeking expungement.
- Court Hearing: In many cases, a court hearing will be scheduled. While the majority of expungement cases are granted without the need for a hearing, some cases may require one. During the hearing, your Orange County expungement attorney will present your case to the judge, highlighting your rehabilitation and reasons for requesting expungement.
- Judge's Decision: After considering the petition and any relevant evidence, the judge will make a ruling. If granted, the conviction will be dismissed, and you will receive an official order of expungement.
- Post-Expungement: Once your conviction is expunged, you will be able to legally state that you have not been convicted of the offense when applying for employment, housing, and other opportunities. However, certain situations may still require disclosure of your criminal record, such as applying for a professional license or in certain legal matters.
What are the Benefits of Expungement?
There are certain things that an expungement can and cannot do. For one, while the conviction is being “sealed” from your criminal record, it will remain in your criminal history. Instead of showing “conviction” your record will now show that there was a conviction, but it was expunged.
Also important to know is that an expungement does not mean you can exclude your criminal history on your application for a government-issued license such as a driver’s license. Again, while you still do have to disclose your conviction, you will also get to note that the conviction was expunged. An expungement also cannot remove you from habitual offender status, should this apply to you.
There is much advantage with expungements when it comes to employment. According to the labor code of California, your employer is not allowed to ask you about any arrests that they might find on your record unless that arrest ended in a conviction. With expungement, you are re-opening a case and dismissing your conviction, which is why your employer cannot ask about expunged arrests/convictions. For all non-government applications (private employment, etc.) you can answer “no” if prompted to answer the question “Have you ever been convicted of a criminal offense?”
Limitations Of Expungement
While expungement offers significant benefits, there are certain limitations to consider:
- Not All Convictions Are Eligible: Some offenses, such as violent felonies, sex crimes, and certain serious offenses, may not be eligible for expungement.
- Federal Background Checks: Expunging a conviction under California law only applies to state-level convictions. Federal agencies and employers conducting federal background checks may still be able to see your criminal history.
- Disclosure Requirements: Certain situations, such as applying for government jobs or professional licenses, may require you to disclose expunged convictions. Expungement does not automatically eliminate all disclosure requirements in every context.
Contact Our Orange County Criminal Attorneys for Assistance
When you contact The Law Offices of Virginia L. Landry, we can discuss your case with you to see if you qualify for expungement under the standards listed out in the California Penal Code. Provided that you meet the requirements in the statutes, have fulfilled all the terms of your sentence and at least one year has passed since your conviction, then you qualify for record sealing. Also, if you have been convicted for another crime within the year after you were convicted for the crime you are trying to expunge, then you may not qualify for expungement.
Don’t go the process alone. Discovering whether or not you qualify can be as difficult as making the actual petition. Our Orange County expungement lawyers will be with you every step of the way to ensure that the necessary paperwork is filed and a strong case is presented on your behalf.
Get started by contacting our firm today to receive a free case evaluation. Call now - (949) 694-8804