As a San Diego criminal defense attorney, I’ve seen firsthand how life-changing the expungement process can be for people. Having a criminal record can feel like a permanent shadow following you everywhere, from job applications to housing opportunities. Fortunately, California’s expungement laws provide a legal pathway to a clean slate, giving individuals the chance to move forward with their lives. In this article, I’ll walk you through the expungement process, who qualifies, and how it can benefit you.
What is Expungement?
Expungement, simply put, is the legal process that allows someone to clear their criminal record.
While it doesn’t make the conviction disappear entirely, it does update your record to show that the case was dismissed after you successfully completed your sentence. In California, this is governed by Penal Code 1203.4, which allows individuals to petition the court for expungement. Once granted, it opens doors that might otherwise have been closed due to a prior conviction.
Expungement is often confused with sealing or pardoning a record. While expungement removes the conviction from public record, sealing generally applies to juvenile records, making them inaccessible without a court order. Pardoning, on the other hand, is a rare form of clemency that only the governor can grant, essentially forgiving the crime but not erasing it from the record.
Not everyone is eligible for expungement, and it’s crucial to understand the criteria to determine if you qualify. Under California law, you may qualify for expungement if:
Some crimes, such as serious sex offenses against children, are ineligible for expungement. Additionally, if you were sentenced to state prison, the process becomes more complex, and you may need to explore other legal remedies.
In many cases, yes. Certain felonies may be reduced to misdemeanors before being expunged. This is particularly helpful for those who were convicted of what’s known as a “wobbler”—a crime that can be charged as either a felony or misdemeanor. If your felony qualifies, we can petition the court to reduce it before seeking expungement.
The expungement process may seem complicated, but with the right guidance, it’s straightforward. Here’s a breakdown of what you can expect:
The first step is determining whether you meet the qualifications for expungement. This involves reviewing your case details, probation status, and whether you were convicted of an eligible offense.
Once we’ve determined that you’re eligible, the next step is to file a petition for expungement with the court where the conviction occurred. This petition includes detailed information about your conviction, proof of probation completion, and a formal request to have your record expunged.
After the petition is filed, the prosecutor will review it. In some cases, they may object to the expungement, in which case a court hearing will be scheduled. During this hearing, I’ll represent you to ensure the court understands your circumstances and why your record should be cleared.
If the court grants your expungement, your record will be updated to reflect that the case was dismissed. This doesn’t erase the record entirely, but it does mean that for most purposes—like applying for jobs or housing—you can legally say you have not been convicted of a crime.
Having a criminal conviction can feel like carrying a heavy burden that affects almost every aspect of life. Expungement can offer significant benefits, allowing you to move forward without the weight of your past mistakes. Here’s how:
One of the most immediate benefits of expungement is the ability to answer “no” when asked if you have a criminal conviction on job applications. This can drastically improve your chances of finding employment, as many employers are hesitant to hire individuals with a criminal history.
Many landlords conduct background checks as part of the rental process. With an expunged record, you’ll have a much better chance of securing housing, as landlords will no longer see the conviction on your record.
Beyond the practical benefits, expungement offers an emotional and social reset. It allows you to regain a sense of normalcy and confidence, knowing that your past no longer defines you in the eyes of society.
While expungement can be life-changing, it’s important to understand its limitations. Expungement does not:
In some cases, yes. If you are convicted of a crime again, the expunged conviction can still be considered by the court when determining sentencing. Similarly, certain professional licenses may still be affected even after expungement.
Navigating the expungement process can be challenging without experienced legal representation. As a criminal defense attorney, I can guide you through the steps and ensure that everything is done correctly to maximize your chances of a successful expungement. If you’re considering expungement, it’s important to act now and begin the process as soon as possible.
Every case is unique, and the process can vary depending on the specific details of your conviction. Consulting with a lawyer who understands California’s expungement laws is essential to achieving the best outcome.
The process typically takes between two to six months, depending on the complexity of the case and the court’s schedule.
In most cases, expunged records will not appear on standard background checks. However, some government agencies and certain employers may still have access to this information.
No, expungement alone does not restore gun rights. You would need to apply for a certificate of rehabilitation or a governor’s pardon to have your gun rights restored.
Yes, multiple convictions can be expunged, but each case will require its own separate petition and legal process.
While expungement significantly improves your chances, it doesn’t guarantee employment. Employers may still ask about past convictions, especially for sensitive positions.
As a San Diego-based criminal defense attorney, I’ve helped countless individuals successfully expunge their records. I will assess your eligibility, handle the court filings, and represent you in any hearings that may arise. My goal is to help you get your life back on track.
If you’re ready to start fresh and leave your past behind, contact me today to explore your expungement options. Whether you’re seeking a job, applying for housing, or simply want to clear your name, expungement can be the key to unlocking new opportunities.