What You Need to Know About California Expungement
Record expungement means erasing one’s criminal record. Here’s everything you need to know about California Expungement FAQs.
Why would someone seek record expungement in California?
One may seek to expunge their record or eliminate an accused criminal offense for many reasons.
To make character judgments, employers or landlords will look to criminal records to make decisions. Often, when people apply for housing or a new job, they submit to a background check. If someone applies for a new type of housing or a job, they may seek to clear their criminal record to alleviate an offense from leaving a permanent stain on their life.
For example, someone may want to expunge their criminal record to restore their gun rights. In California, as with federal law, people with felony convictions cannot own a gun. However, record expungement can evade federal law by reducing the felony conviction to a misdemeanor; allowing gun possession. However, individuals should know some misdemeanor convictions still ban gun ownership.
Related: California DUI Laws & Penalties
What information is necessary for record expungement in California?
Keep in mind complete expungement does not exist in California. However, individuals can pursue opportunities to clear their records in certain circumstances.
To clear a case from one’s record, California requires several details, including the case number. Additionally, people must have the conviction or arrest date, if not convicted. Also, individuals must provide their conviction or arrest code section, and the county of their conviction/arrest.
Where can I find this information?
To access information about a previous arrest or conviction, an offender can acquire all details on their criminal record or RAP Sheet. A RAP Sheet is a Record of Arrest or Prosecution sheet covering all the information necessary for record expungement.
How long does it take to expunge a record?
The record expungement process can take several months in California. California recommends record expungement when someone applies for future housing or job opportunities, rather than their current situation because can become lengthy.
Related: Criminal Statutes of Limitations By State
What is California’s record expungement policy for marijuana convictions?
With the legalization of marijuana, people inquire about having a marijuana charge erased from their records. Since the legalization, California courts must lower eligible marijuana convictions. Furthermore, California courts must purge records relating to certain marijuana cases. Those concerned with marijuana charges may not even have to file for expungement. To check the status of a marijuana conviction, inquire with the court.
How do you expunge an arrest not resulting in a conviction?
People can sometimes be arrested but not have any kind of criminal conviction if no one filed charges, the case was dismissed, or the court did not find the individual guilty of the crime. In any event, those arrested with no conviction can seal the court records themselves. Sealing court records means the public can no longer access the records. However, some government authorities may still access the sealed record.
Contact Us
If you or a loved one would like to learn more about California Expungement FAQs, get your free consultation with one of our Criminal Defense Attorneys in California today!