What You Need to Know About Expunging a Criminal Record in California
California has specific requirements for expunging your criminal record. Here’s everything you need to know about expunging your record in California.
The court will dismiss your conviction if your criminal record is successfully expunged.
California Expungement: What It Means
Expungement does not completely erase or nullify your conviction. Instead, your official criminal record will reflect your dismissed conviction.
Sealing a Criminal Record
Under California Penal Code § 851. 91, the court may seal your arrest or criminal records if:
a. You were arrested but no one filed charges against you and the statute of limitations has expired on every offense.
b. You were arrested and charged but the charges were dismissed.
c. You went to trial and the court did not find you guilty.
The court should seal your records of arrest and the arrest is deemed not to have occurred.
Under California Penal Code § 851.8, the court may seal your arrest or criminal records if:
a. You were arrested but no one filed charges against you and the statute of limitations has lapsed on your case.
b. You were arrested and charged but the charges were dismissed.
c. You went to trial and the court did not find you guilty.
d. You are factually innocent of the charges.
The Department of Justice should seal and destroy their records of the arrest.
Related: How to Expunge a Misdemeanor in California
Applying for a Job
If the court has expunged your criminal record, a background check will indicate your dismissed conviction. When applying for employment, you can inform your employer you have not been convicted of a crime. However, if you apply for a government-issued license, certificate, or permit, you must disclose your conviction but can inform about your expunged case.
Even if your record has been expunged, you must indicate you have been convicted in the following scenarios:
a. A state or the local licensing agency
b. Contracts with the state lottery
c. An application for public office
California’s “Ban the Box” law prohibits employers from inquiring about a job applicant’s conviction record before making a conditional job offer. Under the Fair Chance Act, employers cannot consider information nor ask about expunged convictions.
If an employer violates the aforementioned laws, you can file a complaint with the Department of Employment & Housing (DFEH). You must file the complaint within three years of the employer’s violation.
If an employer decides to rescind a job offer based on your criminal history, they must:
Notify the job applicant in writing
Provide a copy of the conviction report
Give at least five business days for the applicant to respond to the notice
Types of Convictions in California
1. A felony is the most serious type of crime in California punishable by state or local jail time.
2. A misdemeanor is a less serious offense punishable by probation, county jail, or a fine.
3. California can try children who are 14 years of age in adult court for some serious crimes. If your child is sentenced to adult prison, they will stay at the Division of Juvenile Justice (DJJ) until he is at least 18 years old.
If you were convicted or arrested for a juvenile offense while under 18 years of age, the court can seal your records.
Eligibility for Expungement in California
You may qualify to expunge your conviction history if you meet the following criteria:
1. You have been convicted of a misdemeanor or felony
2. Your conviction resulted in jail time and/or probation and not prison time and parole
- You are ineligible for expungement if you were convicted in federal court or you served time in a California state prison.
- For the court to expunge a felony, it must first be reduced to a misdemeanor.
3. You are not currently serving a sentence
4. You are not currently on probation or parole
5. You do not have any current criminal charges
6. You have paid all outstanding fines and fees on the case in question
Under California penal code 1203.4b, the following crimes are ineligible for expungement:
a. Murder
b. Kidnapping
c. Rape
d. Lewd acts on a child under 14 years old
e. Any felony is punishable by death or a life sentence in the state prison
f. Sex offense
g. Escape from a secure perimeter within the previous ten years
h. Arson
Related: Receiving Stolen Property in California: Penalties & Defenses
How to Expunge Your Record in California
To expunge your conviction in California, you must:
1. Fill out an expungement petition
2. File the petition and pay the fee
3. The court will decide whether to grant your petition within one to three months.
If the court denies your petition:
a. File a request for reconsideration within sixty days
b. Re-file your petition at a later date
4. Serve the petition to the prosecuting attorney at least five days before the judge hears your petition for expungement.
You should notify:
a. The City Attorney for misdemeanor expungements
b. The District Attorney for felony expungements
5. File a “Proof of Service” form with the court stating to the judge you served the prosecuting attorney.
6. After the petition is filed, the court takes around 30 days to four months to make a decision.
Exceptions to Expungement
If the court grants your expungement petition, it will not absolve you of all possible adverse consequences and penalties of being convicted.
1. Under California Penal Code 1203.4, felony expungement does not restore your right to own or possess a firearm.
2. The conviction can still affect an individual in future criminal proceedings (e.g. to increase a prison sentence).
3. A dismissal of charges does not affect any revocation or suspension to drive a motor vehicle.
4. California Penal Code § 290 requires any individual convicted of sex crimes and other offenses to register as a sex offender.
FAQs About Expungement and Sealing Records in California
Can you expunge a DUI (driving under the influence) in California?
Yes, you can get a DUI expunged in California.
Can you expunge a domestic violence charge in California?
Yes, the court can expunge a misdemeanor domestic violence conviction in California.
Contact Us
If you or a loved one would like to learn more about California Expungement, get your free consultation with one of our Criminal Defense Attorneys in California today!