For individuals with a misdemeanor or certain felony convictions in California, expungement offers a legal avenue to clear their criminal record. Understanding this process is crucial for those seeking to alleviate the long-term impacts of a criminal conviction.
This comprehensive guide explains the steps involved in expungement and the benefits it can provide. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation with a criminal defense attorney.
Eligibility for Expungement
The first step in expungement is determining eligibility. For misdemeanors and some felonies, you must have completed probation and ensure that the offense is one that qualifies for expungement. This includes filing the correct paperwork in the appropriate court and attending the expungement hearing, either in person or through a lawyer. Note that any error in this process can lead to a denial.
Initiation of the Expungement Process
Generally, the expungement process can start once probation is completed. If the offense falls under the Proposition 47 Realignment Act, an additional waiting period of two years might be necessary. It’s important to fulfill all probation requirements, including victim restitution and community service. In some cases, early termination of probation is possible, which can then accelerate the expungement process.
Addressing Probation Violations
Even if probation was violated, expungement remains a possibility, although it might require a special hearing to determine whether the interests of justice warrant overlooking the violation.
Scope of Eligible Offenses
California’s expungement law allows for the expungement of some felonies in addition to misdemeanors. Key eligibility criteria include completing probation and not currently facing charges, on probation, or serving a sentence for another crime. Offenses typically ineligible for expungement include severe sex crimes involving children.
Required Paperwork for Expungement
The expungement process requires filing a petition for dismissal. This involves withdrawing a guilty or no contest plea and entering a not guilty plea, or requesting the court to set aside a verdict. A hearing will be scheduled, which you may not need to attend if represented by an attorney.
The Expungement Hearing
At the hearing, either you or your attorney must demonstrate that expunging the conviction is in the interests of justice. If successful, the conviction is set aside, and the charges are dismissed. The prosecutor must be notified at least 15 days before the hearing to allow time for any potential challenge.
Filing Fees and Costs
Expungement involves a filing fee, which varies depending on the county and the type of offense. Generally, the fee is lower for infractions and higher for felonies.
Benefits of Expungement
Expungement can significantly improve one’s quality of life by making it easier to secure employment, retain or become eligible for professional licenses, join professional organizations, avoid impeachment in future court proceedings, and reduce social stigma. It effectively conceals the conviction from most background checks, aiding in job acquisition and career advancement.
Limitations of Expungement
Despite its benefits, expungement does not overturn driver’s license suspensions, restore the right to bear arms, or end sex offender registration requirements. These issues may be addressed through a California Governor’s Pardon or a Certificate of Rehabilitation (COR). Additionally, expungement does not automatically seal arrest records, which is a separate process.
The Clean Slate Act
With the passage of Senate Bill 731 & Assembly Bill 1076 – The Clean Slate Act, most arrest and conviction records will be automatically sealed, further aiding in the rehabilitation of individuals with a criminal history.
In conclusion, expungement in California offers a legal remedy for those looking to move past a criminal conviction. The process involves specific eligibility criteria, paperwork, and legal proceedings, and it can culminate in significant personal and professional benefits. Understanding and navigating this process is crucial for anyone seeking to clear their criminal record and embrace new opportunities. Contact Simmons Wagner, LLP at (949) 439-5857 to learn more.